Rays Power Experts Private Ltd vs Laxmi Diamond Private Limited on 9 November, 2022

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Gujarat High Court

Rays Power Experts Private Ltd vs Laxmi Diamond Private Limited on 9 November, 2022

Bench: N.V.Anjaria

     C/SCA/20441/2022                                      ORDER DATED: 09/11/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 20441 of 2022

==========================================================
                        RAYS POWER EXPERTS PRIVATE LTD.
                                    Versus
                         LAXMI DIAMOND PRIVATE LIMITED
==========================================================
Appearance:
AADITYA D BHATT(8580) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 09/11/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) What was prayed in this Special Civil Application was to set aside order dated 21.4.2022 of Commercial Court passed by learned 11th Additional District Judge, Surat in Commercial Civil Miscellaneous Application No.121 of 2021 below Exhibit 13, whereby the application of the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 came to be rejected.

2. It was an application moved by the petitioner herein raising preliminary objections contending that since the arbitration proceedings were conducted at Ahmedabad, the Ahmedabad Court would only have jurisdiction to entertain the present application. It was further prayed to direct that the Commercial Court at Surat did not have the territorial jurisdiction to conduct the Commercial Civil Miscellaneous Application No.121 of 2021.

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C/SCA/20441/2022 ORDER DATED: 09/11/2022 2.1 It appears that earlier the petitioner had moved an application under Section 33 of the Arbitration Act before the Arbitrator, which provision deals with the 'Correction and Interpretation of the Award'.

3. In course of the hearing of the petition, learned advocate for the petitioner stated that he has instructions to withdraw the present petition as the petitioner would opt to revive and / or file fresh application under Section 33 before the Arbitrator. Learned advocate for the petitioner submitted that the court may grant such liberty.

4. The permission as prayed for to withdraw the petition with liberty reserved as above is granted.

5. The petition is disposed of accordingly, clarifying that this court has not gone into any aspect of merits much less opined anything on merits.

(N.V.ANJARIA, J) (SANDEEP N. BHATT,J) Manshi Page 2 of 2 Downloaded on : Wed Nov 09 21:12:30 IST 2022

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