(Spl.-H.C.A.S.,C.D.,78-e) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF BOMBAY AT GOA APPELLATE SIDE APPEAL UNDER ARBITRATION ACT NO.2/1999 --------------------------------------------------------------------- Office Note, Office Memoranda of Quorum, appearances, Court’s Court’s or Judge’s Orders orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Mr. A.N.S. Nadkarni, Advocate General with Mr. H.D. Naik, Addl. Govt.Advocate for the Appellants. Mr. V.B. Nadkarni, Senior Advocate with Mr. M.S. Sonak, Advocate for the Respondents. CORAM : S.A. BOBDE & N.A. BRITTO, JJ. DATE : 28TH JUNE, 2004. P.C.: Heard both sides. After hearing the matter for some time we deem it expedient and in the interest of justice to pass the following order consented to by both sides: a) The impugned judgment and order dated 31.12.1998 passed by the learned Civil Judge, Senior Division, Vasco-da-Gama, is hereby quashed and set aside. - 2 - b) The matter is remitted back to the file of the learned Civil Judge, Senior Division, Vasco-da-Gama, who shall hear both the matters i.e. award being made Rule of the Court and the application for setting aside the Award and dispose off the same as expeditiously as possible. c) All contents of the parties including preliminary objections raised by the Respondent herein are left open. d) Liberty to the parties to decide on the proposal for fresh arbitration as suggested by the Respondents herein. In the event the parties during the course of hearing before the learned Trial Judge agree to refer the matter for a fresh arbitration, then in that event matter on the file of the learned Civil Judge, Senior Division, Vasco be filed. - 3 - e) Failing (d) above, learned Judge shall hear and dispose off the matter preferably within a period of one year from the date of receipt of R & P from this Court. Appeal stands disposed of as per the abovesaid terms. No order as to costs. S.A. BOBDE, J. N.A. BRITTO, J. sl.