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2022 Supreme(Guj) 748

N. V. ANJARIA, SAMIR J. DAVE
Kanhai Foods Ltd. – Appellant
Versus
A. And Hp Bakes – Respondent


Advocates appeared:
Nandish Chudgar, N.N.Prajapati, Darshan M.Varandani, Jaimin Dave, Advocates

JUDGMENT :

N.V. Anjaria, J.

(1.) Since both these appeals involve similar facts and identical issues, they were notified and were considered together to be treated by this common judgment.

    1.1 Heard learned advocate Mr. Nandish Chudgar with learned advocate Ms. Nidhi Prajapati for the appellant and learned advocate Mr. Jaimin Dave for the respondents in both the appeals, at length.

1.2 The parties through their respective learned advocates supplied the paper book of the relevant documents, of the contents of which, they were ad idem. They were accordingly permitted to refer to the same.

1.3 Learned advocates for the parties stated that no further pleadings were required and that the pleadings were completed. They stated that they argued the appeals finally. Accordingly, the appeals were taken up for final hearing.

(2.) The appeals are directed against the orders passed by learned Judge, Commercial Court, City Civil Court, Ahmedabad, rejecting the application of the same appellant-applicant under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act, 1996').

    2.1 In First Appeal No. 2638 of 2021, it is an order dated 31.08.2021 passed by

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