GANESH TRADING COMPANY Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) This review application is filed by the applicant in Civil revision Application No.110 of 2001.

(2.) The facts giving rise to this application are as under - The applicant/plaintiff had entered into an agreement with the Non-applicants/defendants for collection of Tendu leaves. In pursuance of the same, the applicant had deposited Rs.22,20,000/- with the non-applicants/defendants. The non-applicants/defendants were to issue a transit pass for collection of Tendu leaves but failed to do it till 18/9/1993. Even though the installments were paid, the pass was not issued. Ultimately, the transit pass was issued for beat No.23, 24 and others. Due to inordinate delay in issuing the pass, the applicants/plaintiffs suffered damages. The applicants sought to recover these damages by filing civil suit for recovery of Rs.71,44,984/-.

(3.) In this suit, the non-applicants had put-in their appearance and had filed the written statement on 5/12/1997 vide Exh.16. The learned Civil Judge framed issues on 2/1/1998. Thereafter, an application for amendment of the written statement was filed and plea of existence of arbitration agreement was raised. The plea as regards maintenability of the suit, in view of the provisions of Section 18 of the Maharashtra Minor Forest Produce Act, was also raised. In view of this, an issue was framed as to whether the suit is tenable in Law. The issue was answered in the affirmative and suit was held to be tenable. This order was passed on 21/11/2000. On the same day, the learned judge of the trial court passed an order referring the dispute to the Arbitration without there being any application. This order was challenged in this court by way of revision in Civil Revision Application No.110 of 2001. This court, after having heard the respective parties, dismissed the revision. Hence, this review.