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CA/5695/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR FIXING DATE OF HEARING No. 5695 of 2010
In
FIRST
APPEAL No. 1765 of 1987
=========================================================
M/S
ASSOCIATED CONSTRUCTION CORPORATION - Petitioner(s)
Versus
CHAIRMAN,
INDIAN OIL CORPORATION LTD. & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KG SUKHWANI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 16/06/2010
ORAL
ORDER
The
present application has been preferred with a request that the First
Appeal No. 1765 of 1987 be listed for final hearing at an early date
since the appeal is pending since last 23 years.
Heard
Mr. Sukhwani and Ms. Bhatt learned advocates for the contesting
parties.
Rule.
At the request of the applicant’s advocate and with the consent of
the learned advocate for the opponent the application is taken up for
hearing and final decision today.
Having
regard to the fact that the appeal is pending since last 23 years
coupled with the fact that the only issue involved in the appeal is
about appointment of arbitrator, as directed by the learned Trial
Court by order dated 15th September 1987 which is impugned
in the appeal and in view of the applicant’s submission that the
opponent is opposing the request for appointment of arbitrator,
despite there being the arbitration clause/agreement in the contract,
on the ground that no amount is due and payable, the request made in
the application deserves to be granted.
Hence,
the relief prayed for in para 12(A) is granted. The application is
allowed in terms of para 12(A). Rule is made absolute to the
aforesaid extent.
Considering
the fact that the appeal is pending since last 23 years the registry
is directed to list the appeal in the cause list for final hearing on
18th June 2010.
(K.M.THAKER,J.)
Suresh*
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