IN THE HIGH COURT OF BOMBAY AT GOA APPEAL UNDER ARBITRATION ACT NO. 9 OF 2003 STATE OF GOA ....Appellants Versus SHRI ARCANJO NORONHA,MARGAO-GOA. ....Respondents SHRI P.A.KAMAT,GA,SHRI S.S.KANTAK Coram:- A.M.KHANWILKAR, J. Date:- 18th December, 2003 P.C.: Heard for final disposal forthwith, by consent. It is fairly conceded by the learned counsel appearing for the respondents that the view taken by the Court below in the impugned Order that the question cannot be gone into at this stage, cannot be sustained in view of the decision of our High Court as reported in 2003(2) LJSOFT (URC) 41 in the case of Omnibus Industiral Development Corporation of Daman & Diu and Dadra & Nagar Haveli Ltd. vs. M. N. Dhanani. In the circumstances, the Order is set aside only on this count and the matter stands remitted to the file of the Additional District Judge, South Goa at Margao, who shall act in compliance with the observations made in the case of Omnibus Industrial Development Corporation of Daman and Diu and Dadra Nagar Haveli (supra), and pass appropriate orders in that behalf. The Appeal stands disposed of on the above terms. It is made clear that all other questions are left open. A.M.KHANWILKAR, J.