Gujarat High Court
Charotar Gas Sahkari Mandali Limited vs Gujarat Gas Limited on 1 November, 2018
Author: Akil Kureshi
Bench: Akil Kureshi, Umesh Trivedi
C/SCA/17003/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17003 of 2018
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CHAROTAR GAS SAHKARI MANDALI LIMITED
Versus
GUJARAT GAS LIMITED
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Appearance:
MR ANIP A GANDHI(2268) for the PETITIONER(s) No. 1
MR TEJAS P SATTA(3149) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE UMESH TRIVEDI
Date : 01/11/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The petitioner has challenged in order dated 11.05.2018 passed by the Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996 as confirmed by the learned Judge of the Commercial Court by an order dated 26.07.2018. Under the impugned order, the Arbitrator has directed the petitioner herein to abide by the terms and conditions of the franchise agreement and to deposit a total of Rs.1,01,53,685/- for the period between 05.03.2018 to 04.04.2018 and also to deposit further amount, which they may have collected from the customers and may collect after 05.04.2018.
2. Counsel for the petitioner submitted that the directions issued by the Arbitrator are outside the purview of Page 1 of 2 Downloaded on : Thu Aug 29 04:24:24 IST 2019 C/SCA/17003/2018 ORDER his powers under Section 17 of the Arbitration and Conciliation Act, 1961.
3. Notice returnable on 05.12.2018.
(AKIL KURESHI, J.) (UMESH TRIVEDI, J.) siji Page 2 of 2 Downloaded on : Thu Aug 29 04:24:24 IST 2019