SCA/23383/2006 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 23383 of 2006 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? ========================================================= NARENDRA POPATLAL SANGHVI - Petitioner(s) Versus MITTAL SHILPA INDRAMOHAN & 1 - Respondent(s) ========================================================= Appearance : MR.D K.PUJ for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR AJ YAGNIK for Respondent(s) : 1, MR UMANG OZA, ASST. GOVERNMENT PLEADER for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 10/12/2008 ORAL JUDGMENT 1. Rule. Mr.A.J.Yagnik, learned Advocate waives service of rule on behalf of respondent No.1. Mr.Umang Oza, learned Advocate waives service of rule on behalf of respondent No.2. SCA/23383/2006 2/2 JUDGMENT 2. By way of this petition under Article 227 of the Constitution of India, what is challenged by the petitioner is the order passed by the learned Judge of the City Civil Court, Ahmedabad under Section 89 of the Code of Civil Procedure compelling the parties to go for mediation and/or arbitration. At this stage Mr.Puj, learned Advocate for the petitioner has submitted that though in the present Special civil Application the petitioner has challenged Ad-interim injunction granted in favour of respondent No.1, he does not press for the same at this stage. 3. Learned Advocates for the respective parties have submitted that as one of the party was not agreeable to go for conciliation or mediation and/or arbitration, there cannot be compulsion. Under the circumstances, learned Advocates appearing on behalf of the respective parties have jointly requested to quash and set aside the impugned order by which the parties were requested to go for mediation and/or arbitration. It is requested that appropriate suitable direction be issued directing the learned trial Court to proceed further with the proceedings at the earliest. In view of above, present Special Civil Application is allowed. Impugned order passed by the learned Judge, City Civil Court, Ahmedabad requesting the parties to go for mediation / arbitration is hereby quashed and set aside. The learned Judge, City Civil Court, Ahmedabad is directed to proceed further with the proceedings at the earliest. Rule is made absolute accordingly. [M.R.Shah,J.] satish