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NOTICE OF MOTION

Pennwalt Ltd.VsGujarat Alkalies and Chemicals Ltd. and anr.

CNR MHCC0100012120211-COURT 01 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--TRANSFER TO HIGH COURT
Decision Date: 12th September 2022

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100065/2021
Registration Date
07 Jan 2021

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 14-01-2021
Business: Adv. Tripathi for plaintiff present.
Adv. Ghadi for deft. no.1 present.
Application seeking time to comply order dated 19.03.2020 filed by Adv. for plaintiff.
ORDER BELOW EXH.7
Read application.  Heard.  In the interest of justice, time is granted till next date to plaintiff to comply the order dated 19.03.2020 in Ch/sum no.151/20. Application (Exh.7) is disposed of accordingly.
Registered N/M No.65/21 tendered by counsel for deft. no.1.  T.O.R.
Ld. counsel for plaintiff seeks time to file reply.  Granted.
The matter is adjd for reply to N/M to 05.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv. A.S. Tripathi for plaintiff present.
Adv. Odhekar for deft. present.
Ld. counsel for plaintiff seeks time to file reply to N/M No.65/21.  Granted.
The matter is adjd for reply to N/M to 01.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Adv. K.S. Tripathi for plaintiff present.
None for deft.
In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M reply to 18.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 03/08/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Tripathi for plaintiff is present.
He sought time to file reply to NM No. 65/21.
None appeared for the defendant.
It is submitted by the LD. Adv.for the plff that the defendant has preferred the petition before Hon\''ble Gujrat High Court for reference of arbitration. On oral request of Adv.for the plff the matter is adjourned for reply and hearing on NM.
Matter adjd for NM reply and hearing on 20.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv. Dipankar For plaintiff present.
Adv.Dhiraj  For defendant no. 2 present.
It is submitted that the defendant  no. 1 has filed petition for reference to arbitration before Hon\''ble Gujrat High Court. On oral request of advocate matter is Adjd to.15.02.2022 for. NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. Tripathi for pltff present.
Adv. Rajesh Naik for deft present.
Last chance is granted to file reply.
Matter is adjd to 19/04/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Mr. Tripathi for plaintiff present and filed reply to NM No. 65 of 2021.
Adv. Mr. Odhekar for defendant No.1 present, he not going to file rejoinder.
Advocate for defendant No.1 has submitted that he will seek instructions for regarding arbitration proceedings on his request and with consent, matter is adjourned to first week of June for filing hearing on NM.
Matter is adjd for NM hearing on 09-06-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Advocate Tripathi for plaintiff present.
Advocate Odhekar for defendant No. 1 present.
Advocate for plaintiff filed pursis t.o.r. Marked as Exh. 8. t.o.r.  O- Taken out proper application  /Chamber summons
Heard argument on both sides on Notice of Motion No. 65/2021 which is for order on 06th July 2022.
Matter stands Adj for NM Order to 06.07.2022
Next Purpose: NM  ORDERS
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Tripathi for plaintiff is present.
None present for defendant.
On oral request of Adv.for plaintiff matter adjourned for NM hearing.s
Matter adjd to 12.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Tripathi for plaintiff is present.
KB LO at 4.10 p.m.
Adv. Odhekar for defendant no.1 is present.
Pursis filed by Adv.for defendant no.1 t.o.r marked as Exh.9. Allowed. By way of this pursis the defendant no.1 has filed the order copy dtd. 09.09.2022 passed by the Hon\''ble High Court of Gujrat at Ahmedabad in petition under Arbitration Act No. 22/2020 thereby the Hon\''ble High Court was pleased to appoint Hon\''ble Mrs. Harsha Devani retired Judge of High Court of Gujrat as the sole Arbitrator to resolve the dispute in between the parties.
Both the Ld. advocates for the plaintiff and defendant has filed joint pursis t.o.r marked as Exh.10. Both the parties have submitted that in light of order dtd. 09.09.2022 passed by the Hon\''ble High Court of Ahmedabad in Arbitration Petition No. 22/2020 the entire proceeding of this matter be transferred before the Ld. Sole Arbitrator.
Thus in view of the order passed by the Hon\''ble High Court of Gujrat at Ahmedabad in Petition under Arbitration Act No. 22/2020, the Registrar is hereby directed to do needful to transfer the entire record and proceeding to the Hon\''ble Ms. Justice Harsha Devani retired Judge of High Court of Gujrat, Sole Arbitrator residing at  33, Neetibaug Judges Co-op. Hou. Soc. Ltd.Opp. High Court of Gujrat, Ghatlodia, Ahmedabad 380061 Phone no. 079-29700232, 9825049409 and Email Id-harshadevani@gmail.com.
Nature Of Disposal: TRANSFER TO HIGH COURT
Disposal Date: 12-09-2022

Additional Case Details

Additional Case Details
Filing Number: 100173/2021
Filing Date: 07-01-2021
First Hearing Date: 14th January 2021
Decision Date: 12th September 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
12 Sept 2022

Order Details: Notice of Motion Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100065/2021 Pennwalt Ltd. Vs Gujarat Alkalies and Chemicals Ltd. and anr. Date : 12092022 Business : Adv. Tripathi for plaintiff is present. KB LO at 4.10 p.m. Adv. Odhekar for defendant no.1 is present. Pursis filed by Adv.for defendant no.1 t.o.r marked as Exh.9. Allowed. By way of this pursis the defendant no.1 has filed the order…

Read Full Order

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