Gujarat High Court
Elecon Engineering Co. Ltd vs Zuberi Engineering Company on 23 March, 2018
Author: M.R. Shah
Bench: M.R. Shah
C/IAAP/157/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 157 of 2017
With
R/PETN. UNDER ARBITRATION ACT NO. 30 of 2017
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ELECON ENGINEERING CO. LTD
Versus
ZUBERI ENGINEERING COMPANY
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Appearance:
M/S WADIAGHANDY AND CO(5679) for the PETITIONER(s) No.1
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
Date : 23/03/2018
ORAL ORDER
Since last three occasions, present petitions are required to be adjourned due to non-availability of Shri Ankit B. Pandya and Shri Chirag Upadhyay, learned advocates appearing on behalf of the respondent in IAAP No.30/2017.
On 02/02/2018, this Court passed the following order;
"None appeared on behalf of the learned advocate appearing on behalf of the respondent. However, in the interest of justice and as a last chance, S.O. to 09/02/2018."
Even though served, nobody appears on behalf of the respondent in IAAP No.157/2017, and therefore, it appears that as such there is no opposition to the present petition.
Heard Shri Tanvish Bhatt, learned advocate appearing on behalf of the common petitioner. Considered the contracts between the parties, which contains the Arbitration Page 1 of 2 C/IAAP/157/2017 ORDER Clause in case of dispute between the parties. The disputes have arisen between the parties, arising out of the contracts executed between the parties, and therefore, the disputes are required to be referred for Arbitration.
Under the circumstances and in view of the above, Shri G.T. Nanavati, Former Judge of Hon'ble Supreme Court of India is hereby requested to act as sole Arbitrator to resolve the dispute between the parties in both the cases. Stand over to 06/04/2018. In the meantime, learned advocate appearing on behalf of the common petitioner and /or Registry may get necessary declaration from the proposed sole Arbitrator as required under the provisions of the Arbitration Act (as amended).
(M.R. SHAH, J.) siji Page 2 of 2