GAJANAN SAKARAM TALEIGAONKAR Vs. RAGHURAI TAMBA

JUDGEMENT

(1.) RULE, returnable forthwith. Heard by consent.

(2.) THE petitioner has challenged the order dated 29.6.2006, passed by the Civil Judge, Sr. Division, Ponda in Special Civil Suit No.57/94/A, by which the learned trial Judge has refused permission to the petitioner from examining Shri Ramesh Verenkar as a witness on the ground that the said Shri Ramesh Verenkar has been appointed as a conciliator and, therefore, cannot be examined by virtue of Sections 80 and 81 of the Arbitration and Conciliation Act, 1996. The said Sections read as follow :

(3.) MR. Lotlikar, the Counsel for the petitioner refers to the Order, by which the role of the said Shri Ramesh Verenkar was defined. On 6.12.1997, by the Order passed by the Civil Judge, Sr. Division, Ponda in Special Civil Suit No.57/94/A, the Court recorded the agreement of both the parties that an Engineer should be appointed to survey the suit shop and that he should report whether the construction is in accordance with the approved plan and that such an Engineer should also act as a valuer to value suit shop. The Court, therefore, appointed the said Shri Ramesh Verenkar as a Commissioner and directed him to inspect the shop on certain date. Thereafter, the said Shri Verenkar submitted a report styled as Commissioner Report in which he has given his observations about the suit shop and the property (Exhibit D-colly). According to the learned Counsel for the petitioner, the record, therefore, shows that said Shri Verenkar was neither appointed as a conciliator, nor did he act as one.