The High Court allowed an arbitration petition and nominated Mr. Justice K.S. Jhaveri as the sole arbitrator to resolve a dispute between the parties pursuant to their 2017 agreement.
Petitioner's petition allowed; Hon'ble Mr. Justice K.S. Jhaveri appointed as sole arbitrator; connected applications consigned to record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/ARBI.P/45/2022 ORDER DATED: 09/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 45 of 2022
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CINEMA VENTURES PVT. LTD. Versus I.G.E. (INDIA) PRIVATE LIMITED
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Appearance:
MR. JAIMIN R DAVE(7022) for the Petitioner(s) No. 1 MR NANDISH Y CHUDGAR(2011) for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
Date : 09/12/2022
ORAL ORDER
Learned advocates appearing for the parties, in chorus, submit that the dispute that has arisen between the parties was the subject matter of adjudication in a proceedings initiated under Section 9 of the Act, and as such, the parties are ad idem on the issue of there being an arbitrable dispute and they agree for resolution of the dispute through arbitration. Hence, placing their submission on record and also the suggestion made jointly that Hon’ble Justice K.S. Jhaveri, Former Judge of this Court be appointed as sole Arbitrator, I proceed to pass the following order;
ORDER
I). Petition is allowed.
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C/ARBI.P/45/2022 ORDER DATED: 09/12/2022
II) Hon’ble Mr. Justice K.S. Jhaveri, retired Judge of High Court of Gujarat, residing at 17, Neeti Baug Judges Coop. Housing Society, Opp. Gujarat High Court, Bh. Bar Council Of Gujarat, S.G. Highway, Ghatlodia, Ahmedabad -380061, having Phone No. 9825049090, is hereby nominated as the sole arbitrator to resolve the dispute between the parties which has arisen between the parties pursuant to agreement dated 31.05.2017, who shall act in accordance with the Arbitration Center (Domestic & International), High Court of Gujarat Rules, 2021. Both the parties would also be governed by said rule.
III) Registry to communicate this order to the sole arbitrator forthwith by Speed Post.
IV) Consequently, connected application/s, if any, stands consigned to record.
(ARAVIND KUMAR,CJ)
Vahid
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Cinema Ventures Pvt. Ltd.
I.G.E. (India) Private Limited
Aravind Kumar
As recorded by the court registry
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