Calorx Education And Research ... vs Shri Jalaram Education Trust ...
2021 Latest Caselaw 4382 Guj

            C/AO/11/2021                                        ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/APPEAL FROM ORDER NO. 11 of 2021
                                With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                In R/APPEAL FROM ORDER NO. 11 of 2021
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        CALORX EDUCATION AND RESEARCH FOUNDATION
                          Versus
 SHRI JALARAM EDUCATION TRUST THROU TRUSTEE JAYENDRA C.
                          SHAH
==========================================================
Appearance:
J SAGAR ASSOCIATES(8162) for the Appellant(s) No. 1
 for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 18/03/2021
                               ORAL ORDER

Learned advocate for appellant -applicant has submitted that the draft amendment in Civil Application No. 1 of 2021. The amendment is allowed in terms of the draft. Necessary amendment be carried out accordingly.

Heard learned advocate Mr. BH Chhatrapati on behalf of M/s. J. Sagar Associates for the appellant through video conference.

Learned advocate Mr. BH Chhatrapati has submitted that in the present case, the petitioner is the original defendant and the respondents are the original plaintiffs. Further, it is submitted that the learned trial Court has heavily placed reliance upon the decision in the case of Sukanya Holdings Private Limited Vs. Jayesh H. Pandya, reported in 2003(0) GLHEL-SC 30704, which ought not to have relied upon in view of two latest judgments upon which he heavily places reliance. Not only that in the present case the second agreement was not having the relief which was

C/AO/11/2021 ORDER

narrated by the learned trial Court as mis-joinder of cause of action since there cannot be joint as joinder of cause of action. Further, there is no issue with regard to the bifurcation of relief as such there is no overwrite of the said provisions under section 8 of the Arbitration and Conciliation Act, by the party concern, hence impugned order is erroneous.

The issue requires consideration Hence, issue, NOTICE for final disposal returnable on 04.05.2021, subject to stand taken by the respondents and convenience.

(A. C. JOSHI,J) Radhika