RAJESHKUMAR NAGINDAS SHAH v. MANJULABEN MAHIPATLAL SHAH. & 3

CORAM : HONOURABLE MR.JUSTICE M.R. SHAH ORAL JUDGMENT Date : 08/05/2012

1.00. Present Civil Revision Application under section 100 of the Code of Civil Procedure, has been preferred by the petitioner - original plaintiff to quash and set aside the impugned order passed by the learned trial court – learned 5th CRA/1328/2000 JUDGMENT Joint Civil Judge (S.D.), Surendranagar below application Ex.11 in Special Civil Suit No. 73 of 2000 dtd.29/11/2000 by which the learned trial court has allowed the said suit submitted by the original defendants and stayed the further proceedings of the suit under section 8 of the Arbitration & Conciliation Act, 1996 and referred the dispute to the arbitrators as per Partnership Agreement.

2.00. Today when the present Civil Revision Application is taken up for final hearing, Mr.Jigar Patel, learned advocate appearing on behalf of the contesting respondents has stated at the bar that during the pendency of the present Civil Revision Application the dispute was referred to the learned arbitrators and all the parties / partners participated in the arbitration proceedings and it was at the stage of declaring award by the learned arbitrators. It is further stated at the bar that thereafter due to some other reasons, arbitrators did not declare the award and therefore, the proceedings are initiated before this Court directing the arbitrators to declare the award, which is pending before this Court. Therefore, it is submitted that so far as the present Civil Revision Application is concerned, it has become infructuous.

3.00. Suresh M. Shah, learned advocate appearing on behalf of the petitioner is not disputing the aforesaid statement made by Mr.Jigar Patel, learned advocate appearing on behalf of the contesting respondents.

4.00. In view of the above, as such the present Civil Revision Application has become infructuous, as during the pendency of the Revision Application, the dispute was referred CRA/1328/2000 JUDGMENT to the learned arbitrators and even all the partners participated in the arbitration proceedings.

5.00. Under the circumstances, present Civil Revision Application is dismissed as having become infructuous. If the parties have any other grievance with respect to non-declaring the award by the arbitrators, the same is required to be decided in the proceedings which are pending before this Court.