-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 435 OF 2010 1. PASA Properties and Holdings A Partnership registered under Partnership Act, 1932, Having its office at 3rd floor, Velho Building, Opposite Municipal Garden, Panaji Goa. 2. Mr. Verner Aleixo Velho, Resident of House No.102, General Bernard Guedes Road, Panaji Market, Panaji, Goa. 3. Mr. Banjul Badil, Indian National, Residing at No.18, Tilak Road, Meerut, Uttar Pradesh. . .... Petitioners V e r s u s 1. Mrs. Maria Luiza Veronica Fernandes, 76 years age, widow of late Andre Custodio Adelino Fernandes. 2. Miss Maria Franca Fernandes, 52 years age, spinster, daughter of Late Andre Custodio Adelino Fernandes, Both residents of House No.816, Main Road, St. Augustinho, St. Cruz, Ilhas, Goa. 3. Mrs. Maria Noemia Agusta D'Silva, 55 years age, married, daughter of Late Andre Custodio Adelino Fernandes 4. Mr. Hippolyte Joseph D'Silva, 61 years age, married, Husband of Mrs. Maria Noemia Agusta D'Silva, Both residents of B/2. Sacred Heart Society, St. Joseph Avenue, Santacruz (West), Mumbai. 400 054. -2- 5. Mrs. Verodiana Pinto, 54 years age, married, Wife of Mr. John Custodio Pinto 6. Mr. John Custodio Pinto 52 years age, married, Husband of Mrs. Verodiana Pinto 7. Mr. Russel R. Pinto, 24 years age, bachelor, Son of Mr. John Custodio Pinto, All residents of House No.187/4, Old Goa, Tiswadi Taluka, Goa. 8. Shri Gautam Patel, Son of Ramanbhai Patel, Aged 54 years, married, businessman, Residing at 'Abhijit', Plot No.B-9, 9th and 10th Floor, Kapole C.H.S. Ltd. Junction of 11th & M. V. Road, JVPD Scheme, Juhu, Mumbai. 400 049. ..... Respondents Shri J. Melo, Advocate for the Petitioners. Mr. V. P. Thali, Advocate for the Respondent nos. 1 to 4. Ms. A. Pereira, Advocate holding for Mr. Sudin Usgaonkar, Advocate for Respondent no.8. Coram :- F. M. REIS, J Date : 28 th September, 2011. ORAL JUDGMENT Heard Shri J. F. Melo, learned Counsel appearing for the Petitioners, Shri V.P. Thali, learned Counsel appearing for Respondent nos.1 to 4 and Ms. A. Pereira, learned Counsel for respondent no.8. -3- 2. The above Petition seeks to quash and set aside the Order dated 17.04.2010, passed in Regular Civil Suit no. 100/2007/C by the learned Civil Judge, Junior Division, at Panaji, whereby the application filed by the Petitioners dated 30.07.2009, to stay the suit on such terms as deem fit, came to be dismissed. The learned Judge whilst passing the impugned Order has found that no stay could be granted under the provisions of Section 10 of the Civil Procedure Code and no inherent powers under Section 5 could be exercised in favour of the Petitioners herein. 3. After hearing the above Petition for sometime, it was brought to my notice that an application under Section 8 of the Arbitration Act 1996, filed by the Petitioner is pending disposal before the learned Judge in the said suit. The impugned Order was passed on an application filed by the Petitioners to stay the suit in view of the pendency of an application under Section 11 of the Arbitration Act for the appointment of Arbitrator before this Court. The learned Judge found that there was no reason to stay the suit. Considering the facts and circumstances of the case, I find that there is no justification to interfere in the impugned Order passed by the learned Civil Judge, Junior Division, at Panaji, as a suit cannot be stayed merely because an application under Section 11 of the Arbitration Act is pending before the Court. There is no jurisdictional error committed by the learned Judge whilst passing the impugned Order which calls for any interference by this Court at this stage. Hence, I find no merit in the above Petition. Nevertheless, considering the application under Section 8 of the Arbitration Act is pending before the learned Judge, it would be appropriate that the learned Judge be directed to decide the said application as expeditiously as possible. -4- 4. Subject to the above, I find no merit in the above Petition which stands accordingly rejected. F .M. REIS, J. arp/*