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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
Headnote: Read headnote
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 directions quashing and setting aside the (i) impugned order dated 15.12.2023 passed by the learned 26th Additional Senior Civil Judg
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....
The main legal principle established is the limited scope of the referral Court's jurisdiction under Section 11(6) of the Act, emphasizing the Court's role in conducting a prima facie examination of ....
The court reaffirmed that the existence of an arbitration agreement must be established, and disputes should generally be referred to arbitration unless clearly non-arbitrable.
The main legal point established is the court's authority to appoint an Arbitrator when an Arbitration Agreement is invoked, and the need for detailed examination of the effect of new agreements on t....
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
The court reaffirmed that a full and final settlement of disputes renders the matter non-arbitrable, limiting the court's jurisdiction under Section 11(6) to the existence of an arbitration agreement....
The main legal point established in the judgment is the validity and enforceability of the arbitration agreement, the arbitrability of the disputes, and the jurisdiction of the court to appoint an ar....
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