Gujarat High Court
Himanshubhai Mahendrabhai Sampat vs Jibaiben Remaanbhai Maru on 8 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/ARBI.P/111/2023 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 111 of 2023
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HIMANSHUBHAI MAHENDRABHAI SAMPAT
Versus
JIBAIBEN REMAANBHAI MARU & ORS.
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Appearance:
MR. DHAVAL VYAS, SR. ADV. WITH MR KUNAL S SHAH(5282) for the
Petitioner(s) No. 1
BIREN J PANCHAL(9300) for the Respondent(s) No. 2,3,4,5,6,7
REFUSED SERVED (N)(10) for the Respondent(s) No.
1.1.1,1.1.2,1.1.3,1.1.4,1.2,1.3,1.4,1.5.1,1.5.2,1.5.3,1.6,1.7
SERVED BY RPAD (N) for the Respondent(s) No.
1.1.1,1.1.2,1.1.3,1.1.4,1.2,1.3,1.4,1.5.1,1.5.2,1.5.3,1.6,1.7
UNSERVED EXPIRED (N) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
Date : 08/08/2025
ORAL ORDER
The present petition arises out of a development agreement which contains an arbitration clause. There is no dispute about the existence of the agreement and that it contains arbitration clause.
2. Mr. Biren Panchal, the learned advocate appearing for the respondent Nos. 2 to 7, raises a dispute with regard to the notice dated 03.06.2023 which has been sent by the petitioner invoking arbitration clause and finds place at page No. '92' of the paper book. It is sought to be submitted that the petitioner himself had offered to appoint an Arbitrator, but no Arbitrator has been appointed till date.
3. Be that as it may, the service of notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration Page 1 of 2 Uploaded by C.M. JOSHI(HC01073) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 21:54:38 IST 2025 NEUTRAL CITATION C/ARBI.P/111/2023 ORDER DATED: 08/08/2025 undefined clause is proved by the petitioner by placing on record the track-consignment-record.
4. No reply to the arbitration application has been filed till date.
5. In the above circumstances, the following order is passed :
ORDER
(i) The petition is allowed.
(ii) Mr. Aspi Kapadia, Advocate, having address at 405, Silver Radiance One, Nr.Zydus Hospital, Thaltej - Habetpur Road Ahmedabad - 382059 and having Email ID: [email protected] is hereby appointed as the sole Arbitrator to resolve the disputes between the parties in accordance with the Arbitration Centre (Domestic and International), High Court of Gujarat Rules, 2021. Both Parties would also be governed by said Rules.
(iii) Registry to communicate this order to the sole Arbitrator forthwith by Speed Post.
(iv) Pending application/s, if any, stands consigned to records.
(SUNITA AGARWAL, CJ ) C.M. JOSHI Page 2 of 2 Uploaded by C.M. JOSHI(HC01073) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 21:54:38 IST 2025