IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3352 of 2021 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021 In R/SPECIAL CIVIL APPLICATION NO. 3352 of 2021 With CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022 In R/SPECIAL CIVIL APPLICATION NO. 3352 of 2021 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SANGEETA K. VISHEN ==========================================================

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GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED Versus MORRIS SAMUEL CHRISTIAN ==========================================================

Appearance:

G H VIRK(7392) for the Petitioner(s) No. 1 MR GIRISH M DAS(2323) for the Respondent(s) No. 1 MR SHAILESH V RAVAL(2953) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 06/06/2023 CAV JUDGMENT With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr Girish M. Das, learned advocate waives service of notice of rule on behalf of the respondent no.1 and Mr Shailesh V. Raval, learned advocate waives service of notice of rule on behalf of the respondent no.2.

3. The petitioner, i.e. Gujarat Mineral Development Corporation Limited has filed the captioned writ petition, praying for quashing and setting aside the mandate, constitution and authority of the respondent no.1 – Morris Samuel Christian in relation to the Arbitration Case no.21 of 2015; with a further request to quash and set aside the document dated 23.10.2020, titled ‘Final Awarding’ passed by the respondent no.1 – Morris Samuel Christian. The prayers in the writ petition, read thus:

“A. Issue appropriate Writ, order and/or direction quashing and setting aside the mandate, constitution and authority of the Respondent No.1 – Morris Samuel Christian in the so-called Arbitration Case No. 21 of 2015; and further be pleased to quash and set aside the document dated 23.10.2020, titled “FINAL AWARDING” signed by the Respondent No. 1 – Morris Samuel Christian or any such other and/or further communications, letters, notices or documents as may have been issued by the Respondent No. 1 – Morris Samuel Christian;

B. Stay the operation and implementation of the document dated 23.10.2020, titled “FINAL AWARDING” signed by the Respondent No. 1 – Morris Samuel Christian or any such other and/or further communications, letters, notices or documents as may have been issued by the Respondent No. 1 – Morris Samuel Christian;

C. Issue ex parte ad interim relief in terms of Prayer Clause

12(B), above;

D. Grant any such other and/or further order/s that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case;

E. Award exemplary costs against the Respondent Nos. 1 and 2; and F. Award cost of the present Petition in favour of the Petitioner and against the Respondents.”

4. Tersely stated are the facts as culled out from the captioned writ petition:

4.1. Three work orders, were issued by the petitioner in favour of respondent no.2; two of which were in the year 2006 and another, in the year 2007 for the sale of non-plant grade Bauxite from the Meswana mines operated by the petitioner. All the three work orders, contained the clause that any dispute arising out of the contract, shall be subject to the jurisdiction of Ahmedabad Court only. The contractual relationship between the petitioner and the respondent no.2, came to an end in the year 2008. Long after the statutorily prescribed limitation for institution of suit proceedings has cam