MANSI DEVELOPERS Vs. BHAVNAGAR PARSI ANJUMAN & 7

JUDGEMENT

(1.) Heard Mr. Dipak R. Dave, learned advocate for the Petitioner and Mr. D.K. Puj, learned advocate for the Respondents at length and perused the record.

(2.) This petition is preferred by the Petitioner challenging the order dated 25.5.2009 by the 6th Additional Senior Civil Judge and J.M.F.C., Bhavnagar below Exh.161. Such Application is preferred by the Petitioner being Applicant in Miscellaneous Civil Application No.71 of 1994 pending before the Court of the Senior Civil Judge, Bhavnagar for appointment of Arbitrator. Unfortunately, such Application is pending since last 21 years though by order dated 13.11.2008 in Special Civil Application No.9028 of 2008, this Hon'ble Court (Coram: Hon'ble Mr.Justice M.R. Shah) has directed the trial Court to ensure that main Application is decided and disposed of on or before 30.6.2009 positively in accordance with law on its own merits and without being influenced by the proceedings of that Special Civil Application.

(3.) At present, we are concerned with Application Exh.161 in such main Miscellaneous Civil Application No.71 of 1994, wherein, the Petitioner being Applicant has submitted before the trial Court on 7.2.2009 to frame as many as 8 issues as suggested by him relying upon the decision of this High Court in the case of Gamon India Ltd. v. Sheth Estate Developers Pvt. Ltd., 2006 1 GLR 541. If we peruse all such issues, it becomes very much clear that Petitioner has framed different types of issues as if entire dispute is to be dealt with in such Miscellaneous Civil Application which is practically only for a limited purpose of appointment of an Arbitrator pursuant Arbitration agreement between the parties and not for deciding rights, title, liability and responsibility of any party at this stage.