Gujarat High Court
Satyasankalp Buildcon Llp vs Deepakbhai Nagjibhai Patel on 1 August, 2025
NEUTRAL CITATION
C/CRA/496/2025 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 496 of 2025
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SATYASANKALP BUILDCON LLP & ORS.
Versus
DEEPAKBHAI NAGJIBHAI PATEL & ANR.
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Appearance:
MR MIHIR JOSHI, SR ADVOCATE with
MR DHAVAL D. VYAS, SR ADVOCATE with
MR DHRUVIN N DOSSANI(10528) for the Applicant(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 01/08/2025
ORAL ORDER
1. The present Civil Revision Application has been filed challenging the order dated 30.07.2025, passed below Exh.12, in Special Civil Suit No.27 of 2025, by Principal Senior Civil Judge, Kathor rejected the application below Exh.12 filed under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908.
2. Learned senior advocate Mr.Mihir Joshi for the petitioners has argued that there is no dispute between the parties that agreement dated 03.04.2018, specifically contained arbitration clause. Learned senior advocate has referred to clause:7 of the said agreement and has argued that only as the application was filed under the provisions of Order VII Rule 11 of the CPC rejecting the plaint, the said application has been rejected.
3. Learned senior advocate Mr.Joshi has argued that initially the plaintiffs had filed petition before this Court under Section 11 of the Arbitration and Conciliation Act for appointment of Arbitrator being Page 1 of 3 Uploaded by MISHRA AMIT V.(HC00187) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:29:22 IST 2025 NEUTRAL CITATION C/CRA/496/2025 ORDER DATED: 01/08/2025 undefined Arbitration Petition No.184 of 2024 and thereafter it has been withdrawn. In view of the same, there is no dispute between the parties that there is an arbitration clause to refer the dispute if arises between the parties to be resolved by the arbitrator.
4. In view of the said facts, as the trial Court had taken into consideration that application under Section 8 is not filed and that an application under Order VII Rule 11 of CPC has been filed, learned senior advocate for the petitioner seeks permission to withdraw the present petition with the liberty to file appropriate application under Section 8 of the Arbitration and Conciliation Act.
5. Learned senior advocate Mr.Joshi also submitted that in view of the fact that the agreement dated 03.04.2018 is already on record and in view of the fact that plaintiff himself has filed the same in the suit so also the fact that the plaintiff himself must have relied on the said agreement while filing an application under Section 11, it would not be necessary for the petitioner herein to file certified copy of the same. He has relied on the oral judgment dated 05.08.2011 rendered by the coordinate Bench (Coram: Ms.Justice Harsha Devani, as His Ladyship then was) wherein this Court has also held that non-submission of the original arbitration agreement or a duly certified copy cannot be said to be non-compliance of the said provision in view of the fact that said agreement dated 03.04.2018 is already on record and not disputed by the plaintiff.
6. In view of the above, permission as prayed for, is granted. The petitioner is permitted to file an application under Section 8 of the Arbitration and Conciliation Act. In view of the fact that the agreement Page 2 of 3 Uploaded by MISHRA AMIT V.(HC00187) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:29:22 IST 2025 NEUTRAL CITATION C/CRA/496/2025 ORDER DATED: 01/08/2025 undefined dated 03.04.2018 is already produced on record by the plaintiff, non- submission of the original arbitration agreement or a duly certified copy cannot be taken as non-compliance of the provisions of Section 8 of the Arbitration and Conciliation Act. The trial Court shall decide the application that may be filed under Section 8 of the Arbitration and Conciliation Act first in point of time, before adjudicating any other application or dispute between the parties. Needless to say that, the application that may be filed under Section 8 of the Arbitration and Conciliation Act shall be decided independently on its own merits, without being influenced by the order passed while deciding the application under Order VII Rule 11 of the CPC so also the observations made by this Court in the present order.
7. In view of the above discussion and for the reasons recorded above, the present Revision Application is disposed of as withdrawn.
(SANJEEV J.THAKER,J) MISHRA AMIT V. Page 3 of 3 Uploaded by MISHRA AMIT V.(HC00187) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 22:29:22 IST 2025