Back
DIVYESH A. JOSHI
Epigral Limited (Formerly Known As Meghmani Finechem Limited) – Appellant
Versus
Apical (Malaysia) Sdn. BHD. – Respondent
JUDGMENT :
Divyesh A. Joshi, J.
1. Since the challenge in both the captioned petitions is to the common order passed by the learned trial court in two separate applications, those were heard analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, the Special Civil Application No.14334 of 2024 is treated as the lead matter.
3. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;
(b) This Hon’ble Court be pleased to restore the file of Regular Civil Suit No.98 of 2024 before the Hon’ble Principal Senior Civil Judge, Ahmedasbad (Rural), Mirzapur at Ahmedabad or any other suitable Court as deemed proper by this Hon’ble Court;
(c) Pending hearing and final disposal of the present Petition, by ex-parte and interim order restraining Responde
A trial court must follow procedural mandates when returning a plaint and cannot adjudicate on merits if it lacks jurisdiction.
Parties waiving objections to jurisdiction through participation in arbitration proceedings leads to subsequent acceptance of the established tribunal's authority, as per the provisions of the Arbitr....
The Arbitral Tribunal has the power to rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, a....
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
Jurisdiction clauses in contracts do not oust local courts if business activities affecting local parties are involved, and a plaint cannot be dismissed solely against some defendants if others remai....
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
