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2016 Supreme(Guj) 2094

M.R.SHAH, A.S.SUPEHIA
OCI Corporation – Appellant
Versus
Kandla Export Corporation – Respondent


Advocates Appeared:
For the Applicant : Mr. Mihir Thakore, Mr. Nirag Pathakarth, Ms. Grishma Ahuja, Mr. Tejas Karia, Ms. Ila Kapoor
For the Opponents : Mr. Archit P. Jani

JUDGMENT :

M.R. Shah, J.

1. As common question of law and facts arise in this group of applications, they are decided and disposed of by this common judgment and order.

2. Miscellaneous Civil Application No.2969 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) seeking clarification and appropriate direction for transfer of Execution Petition No.167 of 2015 pending before the District Court, Gandhidham-Kutch either to the High Court of Gujarat or to appropriate Commercial Court/Commercial Division.

2.01. Miscellaneous Civil Application No.2970 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Ar










































































































































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