CIVIL APPEAL 2050 of 1996 on 30 June 1999

1. Suit No. 392 of 1996 is not on board. By consent, it is taken called out, taken on board and called for directions.

2. These suits are for the administration of the estate/estates of one Jhaverchand Mehta, the husband of the original 1st Plaintiff. It appears that by an order dated 30th June 1999, both suits were referred to the sole arbitration of Mr. Justice M. L. Pendse. Before the learned sole arbitrator, consent terms came to be filed on 23rd March 2004. A consent arbitration award followed on 27th April

2004. Parties have been given certified copies of the award. The original of the award was not given to either nor filed in this Court.

3. Learned Advocates of both sides are now instructed to state that the distribution of the assets and properties contemplated in the consent terms and ordered by the consent award have been, in fact, effected. Nothing, therefore, survives in these suits.

4. In this view of the matter, both suits are disposed of as infructuous with no order as to costs.

5. Mr. Shah, learned Advocate for Defendant No. 4 in Suit No. 2050 of 1996 agrees and undertakes to file a true copy of the Award. This true copy shall form part of the record and certified or authenticated copies thereof may be applied for along with certified or authenticated copies of this order.

(G. S. PATEL, J.)