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2014 Supreme(Guj) 786

C.L.SONI
Navalmar U. K. Ltd. – Appellant
Versus
Ashapura Minechem Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Saurabh Soparkar, Sr. Advocate and Dakshesh Mehta
For Respondents/Defendant: Udit D. Mehta

JUDGMENT

C.L. Soni, J.

1. In this petition filed under Art. 226 of the Constitution of India, the petitioner has made following prayer in Para 18(a):

"18(a) YOUR LORDSHIPS may be pleased to issue writ of prohibition and/or any other appropriate writ, order or direction prohibiting/ restraining the learned District Judge at Bhuj-Kutch from entering and adjudicating Misc. Civil Application No. 36 of 2011 filed under Sec. 34 of the Arbitration and Conciliation Act, 1996, for challenging the arbitration award dated 8th February 2011."

The case of the petitioner is that under the Charterparty, the petitioner chartered its vessel M.V. Humboldt Current to the respondent on 1-6-2006 for carriage of bagged bentonite from the port of Mundra to the port of Sagunto. Clause 31 of the said Charterparty provides for settling the dispute by arbitration in London and me parties agreed to apply English Law to the arbitration proceedings. It is further case of the petitioner that certain disputes arose between the parties which were referred to the Arbitral Tribunal as per the arbitration clause. The Arbitral Tribunal then made award dated 8-2-2011 accepting the claims of the petitioner and directed the
































































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