FA/2726/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 2726 of 2007 With CIVIL APPLICATION No. 7774 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================= 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 ? ========================================= AMBALAL J. UPADHYAY - Appellant(s) Versus UTTAR GUJARAT VIJ CO. LTD. & 1 - Defendant(s) ========================================= Appearance : MR BK DAMANI for Appellant(s) : 1, MR MD PANDYA for Defendant(s) : 1 - 2. ========================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 25/07/2008 ORAL JUDGMENT 1. By way of this Appeal, the appellant before the learned District Court, Sabarkantha at Himatnagar has challenged the judgment and order dated FA/2726/2007 2/3 JUDGMENT 30.11.2006 under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996. 2. The facts of the case is that the appellant herein is having pole factory dealing with activities of manufacturing PSC poles for the purpose of supplying electric power. The contact between the appellant and respondent was executed for 12000 poles by order dated 28.6.1995 for the value of Rs.40,97,120/- and it was to be completed within two years. Due to certain difference arose between the appellant and respondent, the appellant instituted Arbitration Petition No.38 of 2000 before this Court and respondent initiated Special Civil Suit No.17 of 2000 before the Court of Civil Judge (S.D.), Himmatnagar. Subsequently, the said suit was withdrawn. After hearing both the parties, learned Arbitrator directed the present appellant to pay the amount of Rs.360,838/- with interest to the present opponent. Aggrieved by the said order of learned Arbitrator, the present appellant preferred Civil Misc. Application No.40 of 2003 before the learned District Judge, Sabarkantha at Himmatnagar. Learned Additional District Judge, Sabarkantha at Himmatnagar, has dismissed the aforesaid Application vide order dated 30.11.2006. Being aggrieved by the said order, present appellant has preferred this First Appeal. 3. In view of the provisions of Sections 34 and 37 of the Act, no ground is made out to interfere in the matter. 4. Heard the learned advocates for the respective parties. FA/2726/2007 3/3 JUDGMENT 5. The view taken by the learned District Judge, Sabarkantha at Himatnagar is just and proper and no interference is required. The First Appeal deserves to be dismissed and hence, same is dismissed. Civil Application stands disposed of. Notice is discharged. Ad interim relief granted earlier, stands vacated in view of the First Appeal is disposed of. (K.S. JHAVERI, J.) ynvyas