SCA/11123/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11123 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= NEW INDIA ASSURANCE COM LTD - Petitioner(s) Versus ANIL PRODUCTS LIMITED - Respondent(s) ========================================================= Appearance : MR VIBHUTI NANAVATI for Petitioner(s) : 1, MR DC DAVE for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 16/10/2008 ORAL JUDGMENT 1. Rule. Mr.Dave, learned Advocate waives service of notice of Rule on behalf of the respondent. With the consent of the learned Advocates appearing on behalf of the respective parties, the SCA/11123/2008 2/4 JUDGMENT petition is taken up for final hearing today. 2. By way of this petition under Article 227 of the Constitution of India, the petitioner – original opponent – applicant has prayed for an appropriate Writ, direction and/or quashing and setting aside the order dated 20.08.2008 passed below Exhs.1 and 14 in Execution Application No.730 of 2007 by the learned City Civil Court No.8, Ahmedabad till final hearing of Civil Misc.Application No.229 of 2005. 3. It appears from the proceedings that being aggrieved and dissatisfied with the award passed by the learned Arbitration Tribunal, the petitioner has preferred Civil Misc.Application No.229 of 2005 before the learned City Civil Court, Ahmedabad under Section 34 of the Arbitration and Conciliation Act. Said application came to be dismissed for non- prosecution on 18.06.2007 and on 22.06.2007 the petitioner submitted application Exh.24 to restore the said application. During the pendency of the said application Exh.24, the respondent initiated proceedings for executing award and in which the application to stay further proceedings was submitted by the petitioner and same came to be allowed by the learned City Civil Court, Ahmedabad on condition that the petitioner shall deposit 50% of the amount under the award. Being aggrieved and dissatisfied with the said condition, the petitioner has preferred present petition under Article 227 of the Constitution of India. SCA/11123/2008 3/4 JUDGMENT 4. Mr.Dave, learned Advocate appearing on behalf of the respondent has submitted that as such the petitioner is not interested in proceedings further with Civil Misc. Application No.229 of 2005 and wants to delay said proceedings and does not want to see that the said application is decided and disposed of on merits at the earliest. It is submitted that after submission of the application Exh.24, no efforts were made by the petitioner to see that main application is restored and same is decided and disposed of on merits. However, there is broad consensus between the learned Advocates appearing on behalf of the respective parties that application Exh.24 to restore Civil Misc.Application No.229 of 2005 be treated to have been allowed and appropriate direction be issued to the learned City Civil court, Ahmedabad to decide and dispose of Civil Misc.Application No.229 of 2005 within stipulated time and till then parties to maintain status-quo. 5. Under the circumstances and in view of the above, impugned order passed by the learned City Civil Court, Ahmedabad is hereby quashed and set aside and present Special Civil Application is disposed of with following directions: (a) Application – Exh.24 submitted by the petitioner in Civil Misc.Application No.229 of 2005 is hereby allowed and Civil Misc.Application No.229 of 2005 pending in the Court of learned City Civil Court, SCA/11123/2008 4/4 JUDGMENT Ahmedabad is restored to file. (b) Learned City Civil Court, Ahmedabad is directed to decide and dispose of Civil Misc.Application No.229 of 2005 within a period of 3(three) months from the date of receipt of this order or on production of certified copy of this order positively. (c) All concerned are directed to cooperate the learned City Civil Court, Ahmedabad in deciding and disposing of aforesaid Civil Misc.Application No.229 of 2005 within stipulated time stated herein above and no party shall ask for unnecessary adjournment. (d) In view of above, till 19th January, 2009, the parties are directed to maintain status- quo. 5. Rule is made absolute to the aforesaid extent. Direct service is permitted. [M.R.Shah,J.] satish