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2022 Supreme(Guj) 1822

ASHUTOSH J. SHASTRI
Sandipbhai Ashokbhai Parmar – Appellant
Versus
Arbitrator, Kumari Neetaben Vitthabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anshin Desai, Jay M. Thakkar.
For the Respondents: Digant B. Kakkad, Mrugen K. Purohit, Mitul K. Shelat.

JUDGMENT :

ASHUTOSH J. SHASTRI, J.

1. By way of this Arbitration Petition, the petitioner has prayed for following reliefs:

    “8..... (A) THIS HON’BLE COURT may kindly be pleased to admit and allow this Application.

(B) THIS HON’BLE COURT may be pleased to issue writ of mandamus or any other appropriate writ, order or direction and thereby be pleased to quash and set aside the appointment of respondent no. 1 as Arbitrator in Arbitration Case No. 1/2020 between petitioner and respondent no. 2 & 3 as being in breach of provisions of section 11 & 12 of the Arbitration and Conciliation Act, in the interest of justice.

(C) THIS HON’BLE COURT may be pleased to appoint any appropriate person as arbitrator in terms of procedure for appointment of arbitrator laid down in Clause 13 of agreement dated 04.09.2008 for adjudication of dispute between the parties, in interest of justice.

(D) Pending the admission and final hearing of this petition, this Hon’ble Court may be pleased to stay the further proceedings of Arbitration Case No. 1/2020 pending before respondent no. 1, in the interest of Justice.

(E) THIS HON’BLE COURT may be pleased to grant such other and further relief/s as may deem fit, just an

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