USMANKHAN SAMRATKHAN Vs. FATIMABEN ABBASMIYA HAKIM

JUDGEMENT

(1.) ALL the aforesaid three petitions have been preferred by the petitioners (original defendants; in Civil suit 3726 of 2002. The present petitioners preferred application exh. 36, whereby it was prayed before the trial court that the suit instituted by the respondents (original plaintiff) bearing Civil suit of 3726 of 2002 should be treated as disposed of as arbitrator was already appointed by the trial court and as the arbitrator has already given an award under arbitration and Conciliation Act, 1996. This application below exh. 36 in the pending suit was dismissed by the trial court. Hence, the present petitioners (original defendants) have preferred the aforesaid Special Civil Applications.

(2.) HAVING heard the learned advocates for both sides and looking to the facts and circumstances of the case, I see no reason to entertain the present petitions, mainly for the following facts and reasons.

(3.) THIS aspect of the matter has not been properly appreciated by the trial court, more so, looking to the application given by the original plaintiffs below exh. 26 in Civil suit no. 3726 of 2002. The prayer in that application reads as under :