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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, J. L. ODEDRA
Jai Bharat Steel Company – Appellant
Versus
Mountain Shipping Ltd – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This appeal has been preferred by the appellant under Section 14 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 for following reliefs:
“A. To set aside oral judgment dated 26.08.2025 passed by the Ld. Single Judge of this Hon’ble Court in Admiralty Suit NO.20 of 2022 with Civil Application No.1 of 2022 in Admiralty Suit No.20 of 2022.”
2. By the impugned judgment, the Single Judge has disposed of the Admiralty Suit by relegating the parties to the remedy of Arbitration while keeping all the contentions open and further directed that the amount of Rs.25,00,000/- deposited by the respondent No.2(defendant No.2) to be paid back to respondent No.2 with accrued interest.
3. The challenge is mainly on contentions that (1) the defendant No.2 was not party to the Arbitration Agreement as the Arbitration Agreement is exclusively between the appellant and respondent No.1 only, (2) that the respondent No.2 does not fall in definition of a person claiming through respondent No.1 as is required under Section 45 of Arbitration Act, (3) that the respondent no.2 has not even asserted for reference to the arbitration a
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