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2005 Supreme(Guj) 371

M.R.SHAH
Saurashtra Chemicals – Appellant
Versus
K. Ramamoorthy – Respondent


M. R. SHAH, J.

( 1 ) AS common questions of law and facts arise in all the three petitions, they are being disposed of by this common judgment and Order.

( 2 ) IN Special Civil Application No. 7528 of 2004, the petitioner, Saurashtra chemicals Ltd. , [hereinafter be referred to as "scl") has challenged the legality and validity of the order passed by the Sole arbitrator, Justice K. Ramamoorthy (Retd.) dated 20th May 2004 by which the learned sole Arbitrator had dismissed the application submitted by the petitioner under Section 16 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act" ). It is also further prayed for a declaration that the proceedings before the respondent no. 1, i. e. , learned Sole Arbitrator are a nullity in the eye of law and that the Sole arbitrator has no jurisdiction to adjudicate upon the alleged disputes between the parties.

( 3 ) IN Special Civil Application No. 9710 of 2004, the petitioner, Birla VXL limited [hereinafter referred to as "birla vxl"] also challenged the order passed by the respondent No. 1, Sole Arbitrator, Justice k. Ramamoorthy (Retd.) dated 20th May 2004 by which the Sole Arbitrator has also dismissed the ap















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