Gujarat High Court
Daimler Finance India Pvt. Ltd. & vs Stallion Energy Pvt Ltd. & ... on 29 June, 2017
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/CRA/197/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION NO. 197 of 2017
TO
CIVIL REVISION APPLICATION NO. 203 of 2017
==========================================================
DAIMLER FINANCE INDIA PVT. LTD. & 1....Applicant(s)
Versus
STALLION ENERGY PVT LTD. & 1....Opponent(s)
==========================================================
Appearance:
MR RATHIN P RAVAL, ADVOCATE for the Applicant(s) No. 1 - 2
MR ANAND B GOGIA, ADVOCATE for the Opponent(s) No. 1 - 2
MR BB GOGIA, ADVOCATE for the Opponent(s) No. 1 - 2
MS MUSKAN A GOGIA, ADVOCATE for the Opponent(s) No. 1 - 2
==========================================================
CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 29/06/2017
COMMON ORAL ORDER
1. The present Civil Revision Applications filed under Section 115 of CPC arise out of the similar orders dated 23.03.2017 passed by the Additional District Judge, Rajkot (hereinafter referred to as 'the trial Court') below Exh.5 in various Civil Misc. Appeals, whereby the trial Court has stayed the orders dated 06.06.2016 passed by the Sole Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996 in various Arbitration cases filed by the present applicant at Chennai.
2. After hearing the learned advocates for the Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Jun 30 00:45:30 IST 2017 C/CRA/197/2017 ORDER parties, it appears that the impugned orders have been passed by the trial Court ex-parte without giving opportunity of hearing to the present applicant though the applicant had appeared in the Applications seeking condonation of delay occurred in filing the said Misc. Appeals filed by the respondents.
3. Be that as it may, since the Civil Misc. Appeals are pending for hearing, the trial Court is directed to decide the said Civil Misc. Appeals on merits after giving opportunity of hearing to both the parties, as expeditiously as possible and preferably within one month from the date of receipt of copy of this order. It is clarified that the said Misc. Appeals shall be heard on merits and without being influenced by the impugned orders passed by the trial Court.
4. Subject to the aforesaid directions, all the present Civil Revision Applications stand disposed of.
(BELA M. TRIVEDI, J.) Amar Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Jun 30 00:45:30 IST 2017