IN THE HIGH COURT OF BOMBAY AT GOA CIVIL REVISION APPLICATION NO.108/2002 Shri Edwin D’Sa, son of late Shri Antonio D’Sa, major of age, married, businessman, Resident of Porvorim, Goa. ... Petitioner. Vs. 1. Shri Nicolas Rodrigues, major of age, married, r/o. Vijayalaxmi Apartments, Opposite O Coqueiro, Alto Betim, Bardez, Goa. 2. Smt. Vena Rodrigues, major of age, Housewife, r/o. Vijayalaxmi Apartments, Alto Betim, Bardez, Goa. ... Respondents. Mr. Sudin M.S. Usgaonkar, Advocate for the Petitioner. Mr. S.G. Dessai, Sr. Advocate with Mr. M. Shirodkar, Advocate for the respondents. CORAM : F.I. REBELLO, J. DATE : JULY 24, 2003. ORAL JUDGMENT: Heard parties. On consideration of the pleadings in the suit what the petitioner had done basically was that he moved under Section 20 of the Arbitration Act, 1940. The petitioner, therein, had prayed for the relief of removal of the named arbitrator and appointing another arbitrator. The trial Court though rejected the application for removal of the named arbitrator, has dismissed the suit itself. That clearly - 2 - would be an error of law, as even after the application was disposed of, the subject-matter of the dispute had to be referred to arbitration. In the light of that, the following Order : The suit be treated as an application under Section 20. In the event, the petitioner still complies with the other requirements, including amendment of pleadings, the trial Court to consider the same, after hearing both the parties. The impugned order is set aside. The trial Court shall give an opportunity to both the parties and after considering the objections, to decide all the issues according to law. The revision is disposed of accordingly. F.I. REBELLO, J. ssm.