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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, PRANAV TRIVEDI
Manbhupinder Singh Atwal S/O Barinder Singh Atwal – Appellant
Versus
Neeraj Kumarpal Shah – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. At the outset, we may record that the matter was heard at length on various dates and the judgement was reserved on 10.03.2025. There is some delay in the delivery of the judgment, which we want to place on record. The delay has occurred on account of an emergent medical condition in the family of the Presiding judge, the author of the judgement, who had to proceed on leave for one month from 17.03.2025. The judgement was prepared during the summer vacation commenced from 09.05.2025 ended on 09.06.2025, and is being delivered without any further delay on 13.06.2025.
2. For the convenience of readers, the judgment is divided into parts as indicated in the table of contents, given hereinbelow :-
Table of contents
Sr. No. | Subject | Page Nos. |
A | Preface | 5 |
B | An overview of litigation | 6 |
C | Preliminary Issues (i) Section 34 applications grossly time barred - beyond limitation under Section 34(3) of the Act’ 1996 ; (ii) Maintainability of the Appeals of the respondents under Section 37 filed as Cross-Appeals; (iii) Section 29A – Termination of Mandate of the Arbitral Tribunal. | 16 16 35 43 |
D | Issue of Fee and Costs being Exorbitant: Whether Jurisdictional Error? Analysis | 75 92 |
E | Scope Of S | |
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