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2019 Supreme(Guj) 1055

A.Y.KOGJE
Heirs of Legal of Sidhrajsinhji Pragrajsinhji – Appellant
Versus
Bengal Cynosure Development Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Shalin Mehta, Ms. Vidhi J. Bhatt.
For the Respondents: Mr. S.P. Kotiam Mr. Nayan D. Parekh.

JUDGMENT :

A.Y. KOGJE, J.

1. RULE. Learned Advocate Mr. S.P. Kotai waives service of Rule on behalf of respondent Nos.1 and 2 and learned Advocate Mr. Nayan Parekh waives service of Rule on behalf of respondent No. 3.

2. This petition under Article 226 of the Constitution of India is filed with the following prayers:-

    “(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned Arbitration Award dated 14.11.2013 as arbitrary, contrary to the principles of natural justice and illegal, as being contrary to the substantive law of India and the Arbitration and Conciliation Act, 1996 and thus beyond the authority and jurisdiction of the Arbitration Tribunal.

(B) Your Lordships may be please be issue a writ of certiorari or any other appropriate writ setting aside the impugned award dated 14.11.2013.

(C) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned Agreement For Sale dated 304.2008 as illegal, as being not executed in accordance with the provisions of the Registration Act, 1908 and the Transfer of Property Act, 1882 and thus not en

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