Amreli District Panchayat vs Govindji Gordhandas and Others

K.A. Puj, J.—The applicant - original opponent No. 1 i.e. Amreli District Panchayat has filed this Civil Revision Application u/s 115 of the

CPC praying for quashing and setting aside the order dated 18.10.2003 passed by the learned Civil Judge (S.D.), Ahmedabad (Rural) in Misc.

Civil Application No. 42 of 1998, whereby the said application was allowed and time was extended for the period of four months from the date of

the order to publish the award by the Arbitrator.

This Civil Revision Application was admitted and rule was issued on 30.7.2004. While admitting the Civil Revision Application this Court has

observed in its order that the applicant had taken objection that the arbitration proceeding would not survive in view of the decree passed by the

Civil Court, at Amreli in Special Civil Suit No. 64 of 1987, since there would be a bar for further proceedings imposed by Section 35 of the

Arbitration Act. The other side has raised the contention that the Section 35 would operate only when the Civil Court decided the whole claim

made by the Petitioner.

At the time of final hearing of this Civil Revision Application Mr. N.L. Ramnani, learned advocate appearing for Mr. G.T. Dayani, for the

opponent No. 1, submits that against the decree passed by the Civil Court the opponent No. 1 has filed First Appeal No. 1057 of 1999 which

was subsequently transferred to the District Court by virtue of change in the legal provisions and the said Appeal has already been decided by the

District Court pursuant to which the opponent No. 1 has already paid the entire amount. He has, therefore, submitted that nothing survives in this

Civil Revision Application.

The opponents Nos. 2 and 3 are formal parties. The opponent No. 2 is the State Government on which rule was already issued and Ms. Mini

Nair, learned Assistant Government Pleader is present in the Court, waives service of notice of rule and submits that appropriate order be passed

in this Civil Revision Application. The opponent No. 3 is sole arbitrator. Despite service of notice nobody appears on behalf of opponent No. 3.

Mr.P.J. Kanabar, learned advocate appearing for the applicant, submits that the amount has already been paid pursuant to the order passed by

the District Court.

In the above view of the matter, this Civil Revision Application is accordingly disposed off. Rule is discharged without any order as to costs.