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ASHUTOSH SHASTRI, NISHA M. THAKORE
Gujarat Industrial Development Corporation (GIDC) Ltd – Appellant
Versus
Graphite India Ltd. – Respondent
| Table of Content |
|---|
| 1. background of contract and arbitration. (Para 1 , 2) |
| 2. court's interim orders regarding execution of judgment. (Para 3 , 4) |
| 3. appellants' arguments challenging arbitration award. (Para 5) |
| 4. respondents' defense against appeal. (Para 6) |
| 5. court's scope of review under section 37. (Para 8 , 9 , 10) |
| 6. time as essence of contract findings. (Para 12 , 14 , 15 , 16 , 18 , 19 , 20) |
| 7. court's conclusive findings and decisions. (Para 24 , 25 , 27 , 28 , 30 , 31 , 32 , 36 , 37) |
JUDGMENT :
ASHUTOSH SHASTRI, J.
1. By way of this First Appeal under Section 96 of Code of Civil Procedure, 1908, the appellant - Gujarat Industrial Development Corporation has challenged the legality and validity of the judgment and order passed by the learned District Civil Judge, Bharuch dated 26.03.2016 passed in Civil Misc. Application No. 209 of 2014 under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred as to the "Act") by virtue of which judgment, an application of present appellant came to be rejected.
2. The facts which has given rise to filing of this appeal ar
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