PATEL AND COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR. M.G. Nagarkar, learned counsel on record, states that he no longer appears on behalf of the appellant in this matter and therefore, his name may be deleted. However, when the matter was earlier listed before this Court on 29.11.2010, the matter was adjourned to today at the instance of MR. Nagarkar. On the last date itself, MR. Nagarkar ought to have informed the Court that he is not appearing in the matter. In view of the above and since the matter is of the year 1992, the request for adjournment is declined and the matter is decided on merits.

(2.) THIS appeal has been filed against the judgment and order passed by the learned Civil Judge (S.D.), Ahmedabad (Rural) at Mirzapur in Civil Misc. Application Nos.111/1989 & 112/1989 dated 26.04.1990, whereby, the application u/s.17 of the Arbitration Act was dismissed and the award passed by the Arbitrator was quashed and set aside,

(3.) IT appears from the record that the issuance of Notice by the Contractor culminated into the appointment of the Arbitrator. IT was not that the concerned authority in the respondent-State had not followed the prescribed procedure for the appointment of the Arbitrator at the relevant time. The Arbitrator came to be appointed after the list of Arbitrators was sent by the competent authority to the Contractor, selection was made by the Contractor and thereafter, Arbitrator was appointed by the respondent.