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IAAP/5/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
PETN.
UNDER ARBITRATION ACT No. 5 of 2008
======================================
CAPSUGEL
HEALTHCARE LIMITED - Petitioner
Versus
VIMAL
SERVICES LIMITED - Respondent
======================================
Appearance :
MR
ABHIJAT WITH MR NIKUNT K RAVAL for the Petitioner. GALAV C SHARMA for
Petitioner(s) : 1,
MR D.D.VAYAS, SENIOR COUNSEL WITH MR DHAVAL D
VYAS for the Respondent.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/03/2010
ORAL
ORDER
1. The
present petition under Section 11(6) of the Arbitration and
Conciliation Act,1996 has been preferred by the petitioner herein to
appoint a sole Arbitrator to adjudicate the dispute between the
parties and the claims that arise out of Memorandum of Understanding
entered into between the petitioner and the respondent.
2. Heard
Mr.Abhijat, learned advocate appearing with Mr.Nikunt Raval, learned
advocate appearing on behalf of the petitioner and Mr.D.D.Vyas,
learned Senior Counsel appearing with Mr.Dhaval D. Vyas, learned
advocate appearing on behalf of the respondent.
3. Having
heard the learned advocates appearing on behalf of the respective
parties and with the consent of the learned advocates appearing on
behalf of the respective parties under the instructions from their
respective clients, Hon’ble
Mr.Justice C.K. Thakkar (Retd.), Former Judge, Hon’ble Supreme Court
of India, residing at
D-64, Akash Apartments, Nr.Judges Bungalows, Vastrapur,
Ahmedabad-380054, is hereby appointed as sole Arbitrator to
adjudicate the dispute between the petitioner and respondent herein
arising out of contract/ Memorandum of Understanding dated
05/10/2006. All questions as to whether contract in question was
vitiated by fraud and consequently respondent has wrongly encashed
the LC (as sought to be canvassed on behalf of the petitioner) and/or
contract in question was abandoned by the petitioner (as sought to be
canvassed on behalf of the respondent) and all other questions are
kept open to be considered by the sole Arbitrator in accordance with
law. It is hoped that learned sole Arbitrator may adjudicate upon the
dispute between the parties and declare the award at the earliest but
not later than 30th April,2011 and first hearing by
learned Arbitrator may be within a period of one month from
today. All concerned are directed to co-operate the sole
Arbitrator in declaring the award within stipulated time, as stated
hereinabove. The amount of cost, which is deposited by the respondent
as per the order passed by this Court dated 12/03/2010, is ordered to
be transmitted by the Registry in the account of Gujarat High Court
Legal Services Committee.
With
this, the present petition is disposed of. Notice is discharged.
[M.R.SHAH,J]
*dipti
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