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2022 Supreme(Guj) 498

ASHOKKUMAR C.JOSHI
Mercuria Energy Trading Pvt. Ltd. – Appellant
Versus
Image Mine Products Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR AMITAVA MAJUMDAR, MS TRIPTI SHARMA with MR HARSH N PAREKH
For the Respondent: MR MI HAVA, MS SWATI B. SINGHAL, MR.CHANAKYA BHAVSAR

JUDGMENT :

1. This petition under Article 227 of the Constitution of India is filed by the petitioner with following prayers:

    “24[A] Your Lordships may be pleased to declare that this Hon’ble Court has the jurisdiction to hear the Petition under Arbitration Act IAAP No. 106 of 2016 in terms of the explanation to section 47 of the Arbitration Act.

[B] Your Lordships may be pleased to pass appropriate directions restraining the District Court at Mehsana from hearing the Petition under Arbitration Act, i.e. IAAP No. 106 of 2016.

[C] You (sic. Your) Lordships may be pleased to direct the Registry of the District Court at Mehsana to return the records and proceedings of the Petition under Arbitration Act, i.e. IAAP No. 106 of 2016, to this Hon’ble Court and further pass appropriate directions to have the Petition under Arbitration Act, i.e. IAAP No. 106 of 2016 listed before the Hon’ble Judge of this Court vested with the roster to hear such matters.

[D] Your Lordships may be pleased to pass other appropriate order or direction as this Hon’ble Court may deem fit in the interest of justice.”

2. Nutshell facts, as emerge from the record, are that the petitioner obtained Foreign Arbitration Aw

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