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DINESH MAHESHWARI, SUDHANSHU DHULIA, JJ
GUJARAT COMPOSITE LIMITED – Appellant
Versus
A INFRASTRUCTURE LIMITED – Respondent
| Table of Content |
|---|
| 1. background of license agreements and disputes (Para 2 , 3) |
| 2. litigation and arbitration attempts (Para 4) |
| 3. court's findings on arbitration applications (Para 5) |
| 4. appellant's arguments for arbitration reference (Para 6) |
| 5. respondent's arguments against arbitration (Para 7) |
| 6. court's reasoning on arbitration agreements (Para 8) |
| 7. legal standards for arbitration disputes (Para 9 , 10 , 11 , 12) |
| 8. conclusions regarding arbitration and jurisdiction (Para 13 , 18 , 19 , 20 , 21) |
JUDGEMENT
2. These appeals have been preferred against the common judgment and order dated 23.04.2018 passed by the High Court of Gujarat whereby, the High Court has dismissed First Appeal Nos. 588 of 2018 and 587 of 2018 filed by the appellant against the order passed by the Commercial Court, Ahmedabad dismissing the applications under Section 8 of the Arbitration and Conciliation Act , 19961 in Commercial Civil Suit Nos. 90 of 2017 and 91 of 2017 respectively. Both these appeals, involving common questions concerning arbitrability of the dispute, have been heard together and are being taken up for disposal by this common judgment.
Digitally signed by ARJUN BISHT Date: 2023.05.01 17:14:41 IST
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