Gujarat High Court
M/S Vinolia Tourist Cabs vs Nuclear Power Corporation Of India Ltd on 26 October, 2018
Author: Anant S. Dave
Bench: Anant S. Dave
C/IAAP/114/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 114 of 2018
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M/S VINOLIA TOURIST CABS
Versus
NUCLEAR POWER CORPORATION OF INDIA LTD
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Appearance:
MR. ARCHIT P JANI(7304) for the PETITIONER(s) No. 1
MR YOGI K GADHIA(5913) for the RESPONDENT(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 26/10/2018
ORAL ORDER
Learned advocate Mr.Archit P. Jani has placed reliance upon the decision of the Apex Court rendered in the case of Deep Trading Company v. Indian Oil Corporation and Others, reported in (2013)4 Supreme Court Cases 35, whereby circumstances under which appointment can be made under Section 11(6) and (8) of the Arbitration and Conciliation Act, 1996 are reiterated and in addition to above and declaration about once arbitrator is not appointed as per agreed procedure within the stipulated time, right of party concerned to appoint arbitrator is forfeited.
Learned advocate Mr.Yogi K. Gadhia for the respondents-Nuclear Power Corporation of India Ltd. would like to contest the matter.
Stand over to 30.11.2018.
(ANANT S. DAVE, J) BDSONGARA Page 1 of 1