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N. V. ANJARIA, SAMIR J. DAVE
Vijay Arvind Jariwala – Appellant
Versus
Umang Jatin Gandhi – Respondent
JUDGMENT :
N.V.ANJARIA, J.
Civil Miscellaneous Application No.20 of 2021, was an application filed under Section 9 of the Arbitration and Conciliation Act, 1996. The same was filed by Umang Jatin Gandhi against the petitioner Vijay Arvind Jariwala, who were the two partners of the partnership firm - Blue Feathers Infracon. In the said proceedings, the petitioner herein filed application Exhibit 49 seeking to implead one Falguni Sandip Naik and Sandip Balwantrai Naik persons as parties.
2. The said application Exhibit 49 came to be dismissed by the Commercial Court – learned 9th Additional District Judge, Surat, Bardoli by his order dated 29.9.2021. It is this order which is sought to be challenged by the petitioner by filing the Special Civil Application.
3. The relevant facts are that the partnership firm in the name and style of Blue Feathers Infracon created by deed dated 23.2.2012 which then was consisted of partners named Sandip Balwantrai Naik, Umang Jatin Gandhi- respondents herein, Vijay Arvindlal Jariwala and Sandip Balwantrai Naik in capacity of partner of another firm named called Blue Feathers Incorporation. In the year 2014, two partners Sandip Naik in individual capacity
The main legal principle established in the judgment is that the proceedings under the Arbitration Act, particularly Section 9, are confined between the parties to the arbitration agreement, and a th....
Only parties to an arbitration agreement can invoke relief under arbitration provisions, and retired partners lose their rights.
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
The court established that while Section 9 allows for court intervention in arbitration matters, it can only do so if the remedy under Section 17 is found to be ineffective, particularly when third p....
Prompt initiation of arbitration proceedings is crucial when seeking interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.
The court clarified the applicability of legal provisions related to arbitration, stamping, registration, dissolution of partnership firm, and limitation, emphasizing the enforceability of arbitratio....
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