NITIN JAYANTILAL NAYAK Vs. BABUBHAI GORDHANDAS CHOVAIA

JUDGEMENT

(1.) This Appeal from Order under Order 43 Rule 1 lays challenge to the common judgment dtd. 28/4/2010 passed by City Civil Court, Ahmedabad at Exh. 38 and 39 and Exh. 28 in Civil Suit No. 2835 of 2004.

(2.) Learned advocate for the appellant would fairly submit that he would not press the Appeal. His submission is placed on record. Learned advocate would also hasten to add that Civil Suit No. 2835 of 2004 has since been transferred to Commercial Court and as such it has been re- numbered as Civil Suit No. 2742 of 2021 and it is listed on 30/6/2022. His submission is placed on record.

(3.) Infact the appeal which has been preferred against a common order is relateble to two orders namely (i) order passed on Exh. 38 and 39 relating to prayers sought for granting temporary injunction; and, (ii) order passed on Exh. 28 which is an application filed under sec. 8 of Arbitration and Conciliation Act, 1996 by the respondent herein before the trial court contending inter alia that the dispute involved between the parties is arbitrable and it has to be referred to arbitration. The said application has also been allowed by the impugned common order dtd. 28/4/2010.