Gujarat Composite Limited vs A Infrastructure Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 451

DINESH MAHESHWARI, SUDHANSHU DHULIA
Gujarat Composite Limited – Appellant
Versus
A Infrastructure Limited – Respondent

Advocates appeared:
For the ppellant(s) : Mr. Nikhil Goel, AOR Ms. Naveen Goel, Adv. Mr. Adhitya Koshy Roy, Adv.
For the Respondent(s): Mr. Baiju Mattam, Adv. Mr. Prakash Kumar, Adv. Mr. S S Bandyopadhyay, Adv. Mr. Satish Kumar, AOR Mr. Rohan Sharma, Adv. Mr. Pradhuman Gohil, Adv. Mrs. Taruna Singh Gohil, AOR Ms. Ranu Purohit, Adv. Mr. Alapati Sahithya Krishna, Adv. Ms. Nidhi Mittal, Adv. Mr. Dushyant Parashar, AOR Mr. Bhaskar Sharma, Adv. Mr. Dinesh Pandey, Adv. Mr. Manu Parashar, Adv.

JUDGMENT :

DINESH MAHESHWARI, J.

Leave granted.

2. These appeals have been preferred against the common judgment and order dated 23.04.2018 passed by the High Court of Gujarat whereby, the High Court has dismissed First Appeal Nos. 588 of 2018 and 587 of 2018 filed by the appellant against the order passed by the Commercial Court, Ahmedabad dismissing the applications under Section 8 of the Arbitration and Conciliation Act, 1996¹[Hereinafter also referred to as ‘Act of 1996’ or simply ‘the Act’.] in Commercial Civil Suit Nos. 90 of 2017 and 91 of 2017 respectively. Both these appeals, involving common questions concerning arbitrability of the dispute, have been heard together and are being taken up for disposal by this common judgment.

3. It would be apposite to take note of the factual and background aspects to the extent relevant for the points arising for determination in the present appeals. Given the commonalities of the factual chronology, it would be proper to accord primacy to facts of the lead matter i.e., the appeal arising from SLP (C) No. 16932 of 2018 [relating to Fi

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2023 Supreme(SC) 451

DINESH MAHESHWARI, SUDHANSHU DHULIAGujarat Composite Limited – AppellantVersusA Infrastructure Limited – Respondent

Cases Referred (10)

DINESH MAHESHWARI, SUDHANSHU DHULIA
Gujarat Composite Limited – Appellant
Versus
A Infrastructure Limited – Respondent