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2023 Supreme(Guj) 486

A. J. DESAI, BIREN VAISHNAV
Image Mine Products Pvt. Ltd. – Appellant
Versus
Mercuria Energy Trading Pte Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR MI HAVA(348), ADVOCATE WITH MS. SWATI SINGHAL, ADVOCATE WITH MS. ANJASI SHAH, ADVOCATE
For the Respondent:MR. AMITAVA MAJUMDAR, ADVOCATE WITH MR. SURAJ SONOWAL WITH MR HARSH N PAREKH

JUDGMENT :

A.J.DESAI, J.

(1) By way of present Appeal under Clause 15 of Letters Patent, the appellant - original respondent has challenged an oral judgment dated 29.04.2022 passed by the learned Single Judge in the captioned writ petition, by which the learned Single Judge has accepted the petition filed by the present respondent by holding that High Court of Gujarat has jurisdiction to execute the foreign award dated 26.04.2016 passed by the learned London Court of International Arbitration (hereinafter referred to as ‘the LCIA’ for short), under section 47 of the Arbitration and Conciliation Act, 1996.

(2) The Appeal came to be admitted on 05.07.2022. In response to the notice issued by this Court, the respondent has appeared and contested the Appeal. The matter is taken up for final hearing today.

(3) The short facts emerged from the records are as under : -

(3.1) That the parties to the present proceedings entered into a contract for supply of coal on 05.12.2014. The said contract was executed on certain terms and conditions. One of the condition was to refer the dispute, if arises, between the parties to LCIA for its resolution. In view of the dispute that arose between the partie

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