Gujarat High Court
Jmc Projects (India) Ltd vs D R Garments (India) Pvt on 10 October, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
JMC PROJECTS (INDIA) LTD....Petitioner(s)V/SD R GARMENTS (INDIA) PVT LTD....Respondent(s) O/COMP/104/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD COMPANY PETITION NO. 104 of 2013 ================================================================ JMC PROJECTS (INDIA) LTD....Petitioner(s) Versus D R GARMENTS (INDIA) PVT LTD....Respondent(s) ================================================================ Appearance: MR SAURABH SOPARKAR, SENIOR ADVOCATE WITH MR PARESH M DAVE, ADVOCATE for the Petitioner(s) No. 1 MR SP MAJMUDAR, ADVOCATE for the Respondent(s) No. 1 MR VIMAL A PUROHIT, ADVOCATE for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 10/10/2013 ORAL ORDER
Heard Mr.Soparker, learned senior advocate with Mr.Dave learned advocate for the petitioner and Mr.Majmudar, learned advocate for the respondent company. Mr. Majmudar learned advocate submitted that the hearing of the application filed by the respondent under section 34 of Arbitration and Conciliation Act, 1996 is likely to be taken up for hearing and decision on 18th October, 2013 and, therefore, hearing of present petition may be deferred until the said application is heard by the learned District Court.
2. Mr.Majmudar learned advocate for the respondent also submitted that the respondent assures the Court that the respondent will co-operate in the hearing and will take steps to ensure that the hearing of the application takes place on the scheduled date and shall endeavor to conclude the hearing on same date. He also assured the Court that on the date which is fixed for hearing the respondent herein will not seek adjournment and shall proceed with the hearing.
Mr.Soparker, learned senior advocate expressed apprehension that the hearing may be adjourned on the said date under order by the Court. In view of the said submissions hearing of present petition is adjourned with clarification that the respondent shall abide by the assurance made to this Court and it is hoped that the learned trial Court will proceed with the hearing of the application and will not adjourn the hearing and will endeavor to complete the hearing as expeditiously as possible.
4. With the said clarification and observation, hearing of the application is adjourned to 21st October, 2013.
5. A copy of this order may be made available to learned advocates for the petitioner as well as learned advocate for the respondent so as to place it before the learned District Court.
6. Having regard to the adjournment of the matter, this petition, particularly in view of the hearing of the petition, is in progress.
(K.M.THAKER, J.) Manoj Page 3 of 3