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2024 Supreme(Guj) 673

SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Edelweiss Broking Limited – Appellant
Versus
Pratham Investments – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MIHIR JOSHI, SR. COUNSEL with MR JAY KANSARA for M/S WADIAGHANDY AND CO
For the Respondent: MR MOHIT R BALANI, MR PERCY KAVINA, SR. COUNSEL with MR SP MAJMUDAR

ORDER :

ANIRUDDHA P. MAYEE, J.

1. The present First Appeal arises out of the impugned judgment and order dated 28.11.2022 dismissing the Commercial Civil Misc. Application No.155 of 2022 under the Section 34 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act” for the sake of brevity).

2. The brief facts in the present case are that the appellant herein is a company, which is a trading member/stockbroker registered with the Securities Exchange Board of India (SEBI) and a trading member of the National Stock Exchange (NSE) and Bombay Stock Exchange (BSE). The respondent is an investor in the stock market and does his transactions in the stock market through the appellant availing its services. The appellant executes trades on various segments including Futures & Options (F & O) Segment of NSE on behalf of its clients. That the appellant places orders and executes trades on behalf of the respondent, who has been carrying on trades across all segments in large quantities and value.

2.1 It is the case of the appellant that the respondent used to place orders with the appellant for F & O Segment. That these derivative contracts are highly volatile in nature and the exposure/loss

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