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GUJARAT HIGH COURT
B. J. Shethna, J
Adiya Fuels Ltd. (M/s.) v. BILT Chemicals Ltd.
| Table of Content |
|---|
| 1. procedural aspects of application and consent for hearing. (Para 1 , 2) |
| 2. referral to arbitration and jurisdictional issues. (Para 4 , 18) |
| 3. jurisdictional rulings impact on award enforceability. (Para 9 , 20) |
| 4. interim relief considerations during appeal. (Para 27 , 28 , 30) |
1. Rule, returnable today, Mr. A. R. Thacker waives service of rule on behalf of respondent. With the consent of parties, this application is taken up for final hearing today.
2. The applicant of this Civil Application has filed First Appeal, being First Appeal No. 17 of 2006 under S.37 (1) (b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) which is admitted by this Court and pending for final hearing. By this Civil Application, it is prayed that during the pendency of the said First Appeal, the order passed by the trial Court i.e. by learned Additional District Judge, Gandhidham, Kutch in CMA No. 215 of 2005 may be stayed during the pendency of the appeal.
3. The Civil Application has been opposed by the respondents on the ground that the award given by the Arbitrator should be treated as a money decree, and, therefore, absolute stay cannot be
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