(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This Letters Patent Appeal is directed against the order dated 25.4.2011 passed by the learned Single Judge in Special Civil Application No.4939 of 2011.
The case of the appellant is that the appellant has purchased the land by way of sale deed dated 24.11.2004 from the original debtor, against whom the co-operative bank has filed arbitration proceedings, which are pending before the Arbitrator.
In the said arbitration proceedings, the appellant submitted an application (Exh.98) for joining him as party. The Arbitrator rejected the said application, against which aforesaid writ petition was filed.
After hearing, the learned Single Judge came to the conclusion that the civil suit is already pending between the petitioner and the respondent No.1 - Vijaykumar Bhikhabhai Lungiwala, from whom the petitioner has purchased the said property and that the Arbitrator has no jurisdiction to decide the dispute between the said original owner i.e. respondent No.1 herein and the present appellant. Accordingly, the learned Single Judge has confirmed the order of the Arbitrator.
In our view, the order of the learned Single Judge is not required to be interfered with in this Letters Patent Appeal. The Arbitrator was not expected to decide the title dispute between the present appellant and respondent No.1, from whom the appellant has purchased the property.
In a pending civil suit, it will be open for the appellant to raise all available contentions in accordance with law qua his title and that the same will have no bearing so far as arbitration proceedings initiated by the bank against the said respondent No.1 is concerned.
Subject to what is stated hereinabove, this Letters Patent Appeal is disposed of. Notice is discharged.
In view of dismissal of main Letters Patent Appeal, Civil Application No.2653 of 2012 does not survive and disposed of accordingly. Notice is discharged.
(P.
B. MAJMUDAR, J.) (MOHINDER PAL, J.) (vipul) Top