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2019 Supreme(Guj) 1046

HARSHA DEVANI, VIRESHKUMAR B.MAYANI
Kirtikumar Futarmal Jain – Appellant
Versus
Valencia Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anshin Desai, Senior Advocate With Mr.Aditya J Pandya(6991)
For the Respondent:Mr. DC Dave, Senior Advocate With Mr. Udit N Vyas(9255)

JUDGMENT :

HARSHA DEVANI, J.

1. By this petition under article 227 of the Constitution of India the petitioner has challenged the judgment and order dated 26.8.2019 passed by the learned Principal District Judge, Surat in Commercial Appeal No.1 of 2019 whereby the appeal preferred by the respondents against the order dated 31.10.2018 passed by the Arbitral Tribunal on the application made by the applicant under section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') has been rejected and the application made by the respondents under section 37(2) thereof has been allowed.

2. Shortly stated, the facts of the case are that the petitioner is a partner in the respondent No.1 Valencia Corporation, a partnership firm and has 50% share in the partnership firm. The petitioner came to be admitted into the partnership vide a retirement-cum-admission deed executed between the petitioner, the respondents No.2 to 7, and the erstwhile partners, on 18.2.2015 at Surat. Clause (11) of the deed provides thus:

    “11. General : That for the purpose of signing legal documents in relation to the business i.e. purchase and sale of land/building/units & signin

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