Gujarat High Court
Pantaloons Retail India vs Laxmi Enterprise Thro on 4 February, 2013
Author: M.D. Shah
Bench: M.D. Shah
PANTALOONS RETAIL INDIA LIMITEDV/SLAXMI ENTERPRISE THRO PARTNER C/SCA/10703/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 10703 of 2012 ================================================================ PANTALOONS RETAIL INDIA LIMITED & 1....Petitioner(s) Versus LAXMI ENTERPRISE THRO PARTNER & 10....Respondent(s) ================================================================ Appearance: MR VIMAL M PATEL, ADVOCATE for the Petitioner(s) No. 1 - 2 MR PR THAKKAR, ADVOCATE for the Respondent(s) No. 1 - 11 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.D. SHAH Date : 04/02/2013 ORAL ORDER
This petition is filed praying for quashing and setting aside the common order dated 23.7.2012 passed below Exhs.18,23,25 and 28 by the Principal Senior Civil Judge, Vadodara in Special Summary Civil Suit No.9 of 2012 and also prayed to allow application Exhs.18, 23 and 25 filed by the petitioner.
Heard learned advocates for the parties. They submit that they have no objection if this petition is allowed by quashing and setting aside the impugned order.
Considering the facts of the case and in view of the consensus arrived at between the parties, this petition is allowed. The common order dated 23.7.2012 passed below Exhs.18,23,25 and 28 by the Principal Senior Civil Judge, Vadodara in Special Summary Civil Suit No.9 of 2012 is hereby quashed and set aside. The trial Court is directed to hear and decide application below Exh.12 filed by the petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 on or before 5.3.2013. After deciding application below Exh.12, the respondent is at liberty to apply again for reliefs as prayed in application below Exh.28. The petitioner is directed to file address pursis within one week before the trial Court.
(M.D.SHAH, J.) Srilatha Page 2 of 2