Gujarat High Court
Jmc Projects (India) Ltd vs Larsen And Toubro Limited on 10 February, 2016
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/1492/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1492 of 2016
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JMC PROJECTS (INDIA) LTD.....Petitioner(s)
Versus
LARSEN AND TOUBRO LIMITED....Respondent(s)
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Appearance:
M/S WADIAGHANDY & CO, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 10/02/2016
ORAL ORDER
1. By way of the present petition preferred under Article 227 of the Constitution of India, the petitioner has prayed for appropriate writ/direction to the learned trial Judge to expedite hearing of the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the 'Act') as the suit is pending since 2009.
2. Having heard submissions made at bar and considering the Rojkam of proceedings placed before this Court, it appears that the pleadings with reference to application filed under Section 34 of the Act has been completed by the parties to the proceedings in the month of August, 2010. However, the learned trial Judge is not in a position to commence and conclude hearing of application filed under Section 34 of the Act and the matter is adjourned under one or another pretext but, without any substantial reason.
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3. In light of this position, to meet the ends of justice, the learned trial Judge is hereby directed to expedite hearing of the said application filed under Section 34 of the Act and dispose of the same as early as possible but not later than 6 months from the date of receipt of copy of this order as the matter is pending since last 6 years without any substantial hearing. Parties to the proceedings are also directed to co- operate with the learned trial Judge and shall not take unnecessary adjournment.
4. In view of the above, present petition is allowed. Direct service is permitted.
(S.H.VORA, J.) Hitesh Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Feb 11 03:01:46 IST 2016