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DIVYESH A. JOSHI
Devshibhai Govindbhai Limbani – Appellant
Versus
Dhavalbhai Bhogilal Vyas – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Rule. Learned advocate, Mr. Vishal Mehta waives service of notice of rule for and on behalf of the respondent Nos.1, learned advocate Mr. Akash A. Singh waives service of notice of rule for and on behalf of the respondent Nos.2 to 45 and learned advocate Mr. Bharat Jani waives service of notice of rule for and on behalf of the respondent No.47. Although served with the notice issued by this Court, none appears on behalf of the respondent No.46.
2. This Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 is arising out of the order 05.02.2019 passed by the learned 4th Additional Sr. Civil Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad whereby the application submitted by original defendant No.1 under Section 8 of the Arbitration & Conciliation Act, 1996 in the suit filed by the respondent No.1-original plaintiff came to be rejected.
3. The facts emanating from the captioned Civil Revision Application are that the applicants herein are the original defendant Nos.1 to 9 in the suit filed by the respondent No.1- original plaintiff being Special Regular Civil Suit No.69 of 2015 for cancellation of the sale deed. The
The mere existence of an arbitration clause does not automatically oust the jurisdiction of civil courts unless explicitly stated in law.
The court reaffirmed that the scope of inquiry under Section 11 is limited to determining the prima facie existence of an arbitration agreement, and the withdrawal of a prior application does not con....
Mere allegations of fraud do not inherently preclude arbitration unless they raise complex issues requiring a full trial; straightforward financial disputes remain arbitrable under the Arbitration an....
The main legal point established in the judgment is the scope of revisional powers under Section 115 of the CPC and the principles of rejection of plaint under Order VII Rule 11 of the CPC.
The appointment of an arbitrator is invalid if the partnership deed is not duly stamped and jurisdiction lies where the immovable property is situated.
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