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SCA/7495/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7495 of 2010
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NIKHIL
KANUBHAI PATEL - Petitioner(s)
Versus
N
S SADASIVAN PILLAI & 3 - Respondent(s)
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Appearance :
MR
DIGANT M POPAT for Petitioner(s) : 1,
MR RAHUL K PANDYA for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/08/2010
ORAL
ORDER
Heard
learned advocates for the parties.
Partnership
deed refers to a specific clause that in case of dispute, it is to
be referred to the Arbitrator.
The
dispute is arising out of a partnership firm about properties
situated at GIDC, Wadhwan, District Surendranagar. The office of the
partnership firm is situated in the city of Ahmedabad and, therefore,
whether the City Civil Court at Ahmedabad will have jurisdiction to
entertain interim application under section 9 of the Arbitration Act,
in the context of section 20 of the Code of Civil Procedure and
section 16 of the Arbitration and Conciliation Act.
The
matter deserves consideration and to be heard finally.
Rule.
Till
further order, impugned order dated 16.03.2010 passed by the learned
City Civil Judge, Bhadra, Ahmedabad below Notice of Motion in Misc.
Civil Appeal No.936 of 2009 shall remain stayed.
[Anant
S. Dave, J.]
*pvv
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