VIRALBHAI NATWARBHAI PATEL Vs. BHARATBHAI PRAVINBHAI PATEL
LAWS(GJH)-2023-1-1190
HIGH COURT OF GUJARAT
Decided on
January 20,2023
Viralbhai Natwarbhai Patel
Appellant
VERSUS
Bharatbhai Pravinbhai Patel
Respondents
Referred Judgements :-
WELCOM HOTEL VS. STATE OF ANDHRA PRADESH [REFERRED TO]CHIRANJILAL SHRILAL GOENKA VS. JASJIT SINGH [REFERRED TO]
UNION OF INDIA VS. SUBE RAM [REFERRED TO]
BALVANT N VISWAMITRA VS. YADAV SADASHIV MULE [REFERRED TO]
DHARMA PRATHISHTHANAM VS. MADHOK CONSTRUCTION P LTD [REFERRED TO]
PRESTIGE LIGHTS LTD VS. STATE BANK OF INDIA [REFERRED TO]
SARUP SINGH VS. UNION OF INDIA [REFERRED TO]
HEIRS OF LEGAL OF SIDHRAJSINHJI PRAGRAJSINHJI VS. BENGAL CYNOSURE DEVELOPMENT PRIVATE LIMITED [REFERRED TO]
NARMADA CLEAN-TECH VS. INDIAN COUNCIL OF ARBITRATION [REFERRED TO]
JUDGEMENT
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(1.)Rule. Respective learned advocates waive service of notice of Rule for and on behalf of the respective
respondents.
(2.)Heard Mr. Mehul Shah, learned Senior Counsel assisted by Mr. Manan Shah, learned advocate for the petitioners, Mr. Shakeel A. Qureshi, learned advocate for respondent Nos.1 to 3 while Mr. Paras K. Sukhwani, learned advocate for respondent No.4.
(3.)In this petition, under Article 226 of the Constitution of India, the petitioners have sought a writ, order or direction declaring that the entire arbitration proceedings initiated and concluded by respondent No.4 and the consequent award dtd. 30/5/2016 are illegal, without jurisdiction and competence, null and void abinitio, without having any force of law and contrary to the settled principle of law. A further prayer is made to set aside the entire proceedings.
(2.)Heard Mr. Mehul Shah, learned Senior Counsel assisted by Mr. Manan Shah, learned advocate for the petitioners, Mr. Shakeel A. Qureshi, learned advocate for respondent Nos.1 to 3 while Mr. Paras K. Sukhwani, learned advocate for respondent No.4.
(3.)In this petition, under Article 226 of the Constitution of India, the petitioners have sought a writ, order or direction declaring that the entire arbitration proceedings initiated and concluded by respondent No.4 and the consequent award dtd. 30/5/2016 are illegal, without jurisdiction and competence, null and void abinitio, without having any force of law and contrary to the settled principle of law. A further prayer is made to set aside the entire proceedings.
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