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2016 Supreme(Guj) 325

AKIL ABDUL HAMID KURESHI
Aryan Associates – Appellant
Versus
Solutions 4 Energy Pvt. Ltd. – Respondent


Advocate Appeared:
For Appellant :Rohan A. Shah, Advocate
For Respondents:Rushabh H. Shah and S.P. Majmudar, Advocates

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This petition is filed for appointment of an arbitrator to decide disputes between the petitioner and the respondent, which, according to the petitioner, have arisen out of a contract dated 01.02.2008. This arbitration petition is strongly opposed by the respondent on the ground that no such agreement was ever executed by the respondent-company.

2. Brief facts are as under:

Case of the petitioner is that, under an agreement dated 01.02.2008, the petitioner agreed to supply digested slurry to the respondent-company for a period of five years w.e.f. February-2008 for a total estimated amount of Rs. 1.5 crores. This document contained arbitration clause in following manner:

"6. Arbitration and Jurisdiction:--

All disputes that cannot be settled by Mutual Negotiations shall be referred to arbitration, according to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof in force at that time. The venue of such arbitration shall be at the Vadodara office of the company.

All the causes of action relating to this agreement, if any, shall be deemed to have arisen within the jurisdiction of the cou



















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