SCA/12518/2000 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No.12518 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE D.A.MEHTA Sd/- =================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 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 ? NO 5 Whether it is to be circulated to the civil judge ? NO =================================================== TATA INTERNATIONAL LTD. - Petitioner(s) Versus TRISUNS CHEMICAL INDUSTRY LTD. - Respondent(s) =================================================== Appearance : MR ASHOK L SHAH for Petitioner(s) : 1,MR SB VAKIL for Petitioner(s) : 1, MR BR GUPTA for Respondent(s) : 1, =================================================== CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA Date : 18/11/2008 ORAL JUDGMENT (1) This petition has been preferred with the following prayers: SCA/12518/2000 2/6 JUDGMENT (a) that this Hon'ble Court be pleased to call for the records and proceedings of the case. (b) that this Hon'ble Court be pleased to quash and/or set aside the impugned order dated 19th October, 2000 passed by the learned Civil Judge, Senior Division, Gandhidham, Kachchh in Special Civil Suit No.61 of 2000. (c) that this Hon'ble Court be pleased to refer the parties to the arbitration already initiated by the Petitioners before FOSFA International, London. (d) that this Hon'ble Court be pleased to stay all further proceedings in Special Civil Suit No.61 of 2000 in the Court of the learned Civil Judge, Senior Division at Gandhidham, Kachchh. (e) that pending the hearing and final disposal of this Petition this Hon'ble Court be pleased to: (i) stay the operation and implementation of the impugned order dated 19th October, 2000 passed by the learned Civil Judge, Senior Division at Gandhidham, Kachchh in Special Civil Suit No.61 of 2000; and (ii) to stay all further proceedings in SCA/12518/2000 3/6 JUDGMENT Special Civil Suit No.61 of 2000 in the Court of the learned Civil Judge, Senior Division at Gandhidham, Kachchh. (f) for ad-interim reliefs in terms of prayer clauses (a), (b), (c), (d) and (e) above. (g) for costs; (h) for such further and other reliefs as the nature and circumstances of the case may require be granted. (2) During pendency of the petition certain developments took place and the the petitioner-Company, through its Company Secretary, has tendered supplemental affidavit dated 16.02.2002. The material portion of the said affidavit reads as under: “3. I say that I am making this affidavit for the limited purpose of bringing to the notice of this Hon'ble Court subsequent events which have transpired in the matter. I say that the Federation of Oil Seeds and Fats Associations Ltd., (hereinafter referred to as “Fosfa”), passed an Award being Award of Arbitration No.3747/2001 dated 1st February 2001 against the respondents. Hereto annexed and marked SCA/12518/2000 4/6 JUDGMENT Exhibit “A” is a copy of the said Award of Arbitration dated 1st February 2001. 4. I say that after the passing of the said Award and upon receipt thereof by the Respondents, by a letter dated 27th February 2001, the Respondents informed FOSFA of their intention to file an Appeal against the said Award. Hereto annexed and marked Exhibit “B” is a copy of the letter dated 27th February 2001 addressed by the Respondents. 5. An appeal was thereafter filed by the Respondents which was numbered as Appeal No.888 before the Board of Appeal of FOSFA. Hereto annexed and marked Exhibit “C” is a copy of the Memo of Appeal as filed by the Respondents with FOSFA. 6. By a communication dated 16th March 2001, FOSFA informed the Applicants that a hearing of the Appeal filed by the respondents was fixed on 18th April 2001. Hereto annexed and marked Exhibit “D” is a copy of the letter dated 16th March 2001 addressed by FOSFA to the Applicants. 7. I say that thereafter the said Appeal was however withdrawn by the Respondents on 12th April 2001. From the above facts it is clear that the Respondents therefore effectively submitted to the jurisdiction of the SCA/12518/2000 5/6 JUDGMENT Tribunal. 8. I say that in view of the provisions of the Arbitration and Conciliation Act, 1996, the Applicants filed an Execution Petition in the City Civil Court at Ahmedabad being Execution Petition No.610 of 2001 for execution of the said Award of Arbitration No.3747/2001. Hereto annexed and marked Exhibit “E” is a copy of the Execution Petition No.610 of 2001 filed before the City Civil Court at Ahmedabad. 9. I say that in view of the passing of the said Award (Exhibit “A” hereto) and in view of the filing of the Execution Application, nothing survives in the abovenamed Special Civil Application as well as in the Special Civil Suit No.61/2000 especially since under the provisions of the Arbitration and Conciliation Act, 1996, the Applicants are entitled to enforce the Award against the respondents.” (3) Learned advocate for the petitioner could not dispute the fact that in light of the subsequent developments, the petition has been rendered infructuous. Accordingly, the petition is rejected as having become SCA/12518/2000 6/6 JUDGMENT infructuous. RULE discharged. There shall be no order as to costs. Sd/- [D. A. MEHTA, J] *** B h a v e s h *