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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Hiral Nitinkumar Undavia – Appellant
Versus
Fenil Shah – Respondent
| Table of Content |
|---|
| 1. petition invoking supervisory jurisdiction. (Para 1 , 2 , 3) |
| 2. facts related to the partnership and arbitration clauses. (Para 4 , 5 , 6 , 7 , 8) |
| 3. procedural history of the case and decisions of lower courts. (Para 10) |
| 4. arguments regarding arbitration and specific roles of parties. (Para 11 , 12 , 13 , 14) |
| 5. court's analysis of arbitration agreement's validity. (Para 15) |
| 6. findings on arbitration agreement and jurisdiction. (Para 16 , 17 , 18) |
| 7. final judgment allowing arbitration. (Para 19 , 20) |
JUDGMENT :
D.N.RAY, J.
1. Heard Mr. S.P. Majmudar, learned advocate with Mr. Parv S. Gupta, learned advocate for the petitioner and Mr. Anshul N. Shah, learned advocate for the respondent no. 1.
2. Two petitions involving similar facts and prayers have been filed. For the sake of convenience, Special Civil Application No. 17691 of 2024 is treated as the lead matter. The decision rendered in this petition shall govern the outcome of the connected petition as well.
3. The petitioners have filed the present petition, invoking the supervisory jurisdiction of this Court, with the following prayers:-
“(A) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or directi
The court reinforced the principle that arbitration agreements must be enforced and that jurisdictional issues regarding non-signatories should be resolved by arbitral tribunals, aligning with preced....
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
The court confirmed that a prima facie arbitration agreement exists under Section 11(6) of the Arbitration and Conciliation Act, limiting judicial scrutiny to the agreement's existence, deferring sub....
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
The scope of judicial review under Section 11(6A) of the Arbitration and Conciliation Act, 1996 is limited to examining whether an arbitration agreement exists and whether the dispute is arbitrable.
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
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