Serial No. of Order 1.1 6.ZOO IN THE HIGH COURT OF SIKKIM ORDER SHEET Arb. A. -I!.|& ,Col -. No. 7 of l£8c 2000 `.. ` .r ........... petitioner/Appellant V State o£ Sikkim ersus Order with Signature Respondent Present : cMr. T. a. Thapa with Mr. Bhaska3 -Raj Pradhan. Advocates for the Sppellantr. Mr. S. P. Wangdi, Advo6at.e Genera with Mr. Karm`a Thinlay. Asstt.Go Advocate €for the respondent. L_L.r Heard. Admit. Issue notice to the respondents. The matter be listed for hearing on 25th July. 2000 as prayed for by the appe1|ant. C .M.A .146 /2000 Heard on the application moved by the appellant for stay of the judgment and order passed by the learned District rudge. Special Division whereby the award.pas;ed in favour of the appellant was set aside. int.er alia. on the ground that the agreement for referring the rontter between the part.ies was against the provisions of sub-sections (1). (2) and (3) of section 56 of the Trade and Merchandise Marks Act.1958. One of the prayers made in the stay application is that the respondent may restrained from usin 77 t.radei„ma`rk9 Office Note as to action (if any) taken on Order Tdr i_end th len lil .6,Ze5o as#6.4giv cm Lil \ 1. G. 2dtrb cloy _ JuL . 1C-- rgr' k,+b.-u Serial No. of Order Order with Signature Office Note as to action (if any) taken on Order in relatiz}giv t.o the lotteries until the dispos of the Appeel. After hearing learned Counsel for the parties. we do not consider it to be a fit case where we should stay the operation of the impugned order dated 29t.h April. 2000 pas by the learned District Judge. §peEial. Divisi Gangtok and restrain the respondents fran . . using the 77 trca ,ma]=}cfiilrL¢-ai£^ti®n`t to.-:,1'±s lotteries. If any order of stay as prayed for by the .appellant is granted. .and in case the appeal is dismissed. ttre State will lose it.a revenue only on account of the order of the Court. Hc*Jever. we permit. the.appellant to participate in relation to the tender whic if invited, in respect of 77 trade marks in relation to the lotteries to participate. withcnt prejudice to the rights and contentio of the parties. +,-3=£.-1. -=-I -..i--- _,r +_I_ rf I___I. =-I. Serial No. of Order 3.2 4.2 Arb. Appeal No.7/200o. Order with . Signature 1-712 .7.200 7.ZOO 00 Presents Mr. I.B. T\hapa with Mr.a Bha8kar I Raj Pradhan, Advocates for the appel lane. a Mr. S.P. Wangdl'. Advocate General with Mr. Kama Thlnlay. As8tt. Govt. Ad`deate for the respondent Thle cage hag been £1xed for hearing on 25-7-2000. It.1s made clear tha this case will be heard on 25-7-2000 and adjournrrent Will not be given on that date on any ground. The application for ls rejected. (Anup Actin ourrment Chle£ Justice. Present s Mr. T. a. Thapa, Advocate for the appellant. Mr. S. P. Wangdi, Advocate General with Mr. Karma Thinlay. Asstt.Govt.Advoc=ate for the . resiondent. Heard arguments in part.6 . ae.listed on 26.07.2000 for furthe arguments on top of t.he list. EEE5EE Chief Just TA`ayrtyrf (_ R. Dayal )ice, Present i ur. T.B. "apa with ur. Bhaskar Raj Praahan. Aavocate8 for the appellant. Office Note as to action (if any) taken on Order Serial No. of Order 5.31 .7.ZOO Order with Sigmture oHral.e§hp.w¥tanhg#:KAdi=ainay. jL8att. GovC. Aa`rocace for the re3pendent . ----I- Heard arguments 1n part. The leaned Counsel for the appellant requeete for a date to prepare the case. With the con8enc of the leaned Counsel for the parties. t.he matter ls adjo`Lmed for hearing to 31-7-2000.' The matter be l18ted on the top of the list, present i #:; giaEfia:?aE3vw±:!e¥:o:h:::ar .appellant5 Mr. S.oP. Wangdi. Advocate General with Mr. Karma Thinlay. d^`sstt.Govt Advocate for the respondent. Heard arguments. rudgment reserved 31.7 .2000 pr ,a- ( R. myal ) Chief Justice 31.7 .2000. Office Note a8 to taackt;:no(njf6:£!r Arb.2\."o.1/2000 _ < .---- N®. of Order 6, 7.9.20 Order with Sjgmture. 0 Present 3 llr. I. a. Thape with Hr. Bhagha Raj Praahan. Advocateg for the appellant. »r. S. P. Wangdi. advocate General with Hr. Karma Thlnlay. Asstt.Co`rt.Advocate for the respondent. The respondent has moved C!4h No. 247/2000 to the effect that the State Gore ment has decided t,hat they will not proceed with the Sale of lott,ery t,1cket,a under the 77 disputed lottery narneg and they under- take to abide by the decision. A prayer has been made for paselng necessary orders. The learned Advocate General submlt8 that ln vlet`r of the declslon of the Government. the Government does not press the applica- tion £1led under Section 34 of the Arbitrat and Conciliation Act.1996. Accordingly. the the lqugned Judgment and learned trial Judge is set application under Section tlon and Concillatlon Act. &a a®e,'pz:€8sed. appeal is allctwed order of the aside and the 34 of the Arbitra 1996 1s digmLss at/ Office Note as to taackt:&no(njf6:g!r