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2023 Supreme(Guj) 257

ASHUTOSH SHASTRI, NISHA M. THAKORE
INDIAN OIL CORPORATION LIMITED – Appellant
Versus
JALARAM PETROLEUM COMPANY – Respondent


Advocates Appeared:
For the Appellant : Mr. MR Bhatt, Sr. Adv for M. R. Bhatt & CO., Munjaal M. Bhatt.
For the Respondent: Mr. S.I. Nanavati, Sr. Adv. with Mr. Vandan K. Baxi, Nanavati & Nanavati.

JUDGMENT :

(Ashutosh Shastri, J.)

1. By way of present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act 2015, a challenge is made to a decision rendered by learned Judge, Commercial Court, City Civil Court, Ahmedabad dated 12.8.2022. The relief clause contained in the appeal reads as under:-

    (a) Admit this First Appeal:

(b) YOUR LORDSHIPS may be pleased to call for the Records and Proceedings of Commercial Civil Misc. Application No. 339 of 2021 from the Court of learned. Judge, Commercial Court, City Civil Court, Ahmedabad and after examining the legality and propriety thereof, be pleased to quash and set aide the judgment dated 12.8.2022 rendered by learned Judge, Commercial Court, City Civil Court, Ahmedabad and be further pleased to allow Commercial Civil Misc. Application No.339 of 2021 with costs in the interest of justice;

c) That this Hon'ble Court may be pleased to hold and declare that the Dealership Agreement itself being determinable, the award rendered by the learned Sole Arbitrator dated 21.2.2020 directing restoration of Dealershi

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