FA/14519/1992 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 145 of 1992 With CIVIL APPLICATION No. 7436 of 1996 In FIRST APPEAL No. 145 of 1992 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH HONOURABLE MR.JUSTICE H.B.ANTANI ========================================================= 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 ? ========================================================= STATE OF GUJARAT Versus SORATH CONSTRUCTION CO. & ANOTHER ========================================================= Appearance : MS TANUJA KACHCHHI, ASST. GOVT. PLEADER for Appellant. MR CHIRAG B PATEL for Respondent No.1. NONE appearing for respondent No.2. ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH and FA/14519/1992 2/3 JUDGMENT HONOURABLE MR.JUSTICE H.B.ANTANI Date : 11/09/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE C.K.BUCH) Heard Ms. Tanuja Kachchhi, learned Asst. Govt. Pleader for the appellant State. Mr. Chirag Patel, learned advocate for respondent No.1, is absent when the matter is called out. On behalf of Mr. S.B. Vakil, Senior Advocate, it is submitted that he is now not appearing for respondent No.1. None appears for respondent No.2. On 04.09.08, it was pointed out by Mr. Chirag B. Patel, learned advocate appearing for respondent No.1 that the present appeal has become infructuous as Arbitration Tribunal has started hearing the dispute referred to it for the very subject matter. Thereupon, learned AGP sought time to take instructions from the concerned department and the matter was adjourned for this purpose. Today, Ms. Tanuja Kachchhi, learned Asst. Govt. Pleader appearing for the appellant has placed before this Court xerox copy of a communication addressed to the Government Pleader's Office by Executive Engineer, Irrigation Project Division, Modasa to the effect that the entire matter is pending before the Arbitration Tribunal, Ahmedabad and the Reference is being tried as TAR No. 36 of 1997 and there is no need to prosecute the First Appeal further. Xerox copy of the said FA/14519/1992 3/3 JUDGMENT communication is ordered to be taken on record. In view of the above written instructions, Ms. Tanuja Kachchhi, learned AGP states that the appeal has become infructuous and the same may be disposed of accordingly. In the result, this First Appeal stands disposed of as infructuous. It is, however, clarified that disposal of the present First Appeal shall not come in the way of any of the parties in the proceedings before the Arbitration Tribunal bearing No. TAR 36 of 1997. The Record & Proceedings be returned to the trial Court forthwith. In view of the above order passed in the main First Appeal, the Civil Application does not survive, and the Civil Application stands disposed of accordingly. No order to costs in any of the matters. [C.K.BUCH, J.] mathew [H.B.ANTANI, J.]