1. Heard Mr. Yagnik, learned A.G.P. for the petitioner:
2. Amendment is granted.
3. The petitioner has prayed that:
"B. Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ or writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned order dated 06.10.2010 passed in Arbitration Reference No.90 of 1998 passed by the learned Gujarat Public Works Contracts Disputes Arbitration Tribunal;
4. So as to support and justify the relief prayed for in present petition, besides the contentions raised in the petition, the learned A.G.P. has also relied on the order dated 21.08.2012 passed by the Division Bench in Letters Patent Appeal No.953 of 2012 and also on the order dated 2nd May 2012 passed by the SCA/12632/2012 2/2 ORDER Court (Coram: Hon'ble Mr. Justice S.R.Brahmbhatt) in Special Civil Application No.6438 of 2012. He submitted that by the said order, the petitions, appeals against similar order passed by the learned Tribunal have been admitted.
5. In view of the said submission and in view of the orders passed by Division Bench and learned Single Judge, below mentioned order is passed.
Rule.
6. So far as the request for interim relief is concerned, learned A.G.P. has submitted that the appointment of arbitrator has been made and the learned arbitrator is proceeding with the hearing of reference. Therefore, let Notice as to interim relief be issued returnable on 5th November 2012. In the meanwhile, as and by way of interim relief, further proceedings of the arbitration reference initiated before the learned arbitrator shall remain stayed.
(K.M.THAKER, J.) jani