Bombay High Court
AUA/9/2003 of STATE OF GOA Vs SHRI ARCANJO NORONHA,MARGAO-GOA. on 18 December 2003
COURT OF BOMBAY AT GOA APPEAL UNDER ARBITRATION ACT NO. 9 OF 2003 STATE OF GOA ....Appellants Versus SHRI ARCANJO NORONHA,MARGAO-GOA. ....Respondents SHRI P.A.KAMAT,GA,SHRI S.S.KANTAK Coram:- A.M.KHANWILKAR, J. Date:- 18th December, 2003 P.C.: Heard for final disposal forthwith, by consent. It
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IN THE HIGH COURT OF BOMBAY AT GOA
APPEAL UNDER ARBITRATION ACT NO. 9 OF 2003STATE OF GOA
....Appellants
Versus
SHRI ARCANJO NORONHA,MARGAO-GOA.
....Respondents
SHRI P.A.KAMAT,GA,SHRI S.S.KANTAK
-Coram:A.M.KHANWILKAR, J.-Date:18th December, 2003
P.C.:
Heard for final disposal forthwith, byconsent.It is fairly conceded by the learnedcounsel appearing for the respondentsthat the view taken by the Court belowin the impugned Order that the questioncannot be gone into at this stage,cannot be sustained in view of thedecision of our High Court as reportedin 2003(2) LJSOFT (URC) 41 in the caseof Omnibus Industiral DevelopmentCorporation of Daman & Diu and Dadra &Nagar Haveli Ltd. vs. M. N. Dhanani.In the circumstances, the Order is setaside only on this count and the matterstands remitted to the file of theAdditional District Judge, South Goa atMargao, who shall act in compliance withthe observations made in the case ofOmnibus Industrial Development Corporation of Daman and Diu and Dadra Nagar Haveli (supra), and passappropriate orders in that behalf.The Appeal stands disposed of on the above terms. It is made clear that all other questions are left open.
A.M.KHANWILKAR, J.