M/S. Smart Technology Through Its ... vs Bharat Sanchar Nigam Limited Through ...
2025 Latest Caselaw 4939 Guj

Gujarat High Court

M/S. Smart Technology Through Its ... vs Bharat Sanchar Nigam Limited Through ... on 19 June, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                        NEUTRAL CITATION




                              C/SCA/7908/2025                             ORDER DATED: 19/06/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                       R/SPECIAL CIVIL APPLICATION NO. 7908 of 2025

                       ==========================================================
                           M/S. SMART TECHNOLOGY THROUGH ITS AUTHORIZED PARTNER
                                                   Versus
                            BHARAT SANCHAR NIGAM LIMITED THROUGH ITS AGM(LEGAL)
                       ==========================================================
                       Appearance:
                       MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
                       MR. HJ KARATHIYA(7012) for the Petitioner(s) No. 1
                       MR MANISH J PATEL(2131) for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                                SUNITA AGARWAL
                                and
                                HONOURABLE MR.JUSTICE D.N.RAY

                                                      Date : 19/06/2025

                                               ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Mr.M.J.Patel, learned advocate appears for the

Respondent -Caveator.

Having considered the submissions of the learned senior

counsel appearing for the Petitioner, the question as to

whether the signed copy of the award was sent to the parties

in the arbitration proceedings and whether the application

under Section 33(1)(a)& (b) of the Arbitration and Conciliation

Act, 1996 was pending before the Arbitrators on the date of

filing of the execution application, can be decided by the court

NEUTRAL CITATION

C/SCA/7908/2025 ORDER DATED: 19/06/2025

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after summoning the entire record of the arbitration

proceedings. In our considered opinion, without looking to the

original record, only on the submissions of the learned

counsels for the parties, issues could not have been decided.

For the aforesaid, without entering into the merits of

the order passed by the executive court, we set aside the

judgment and order dated 21.04.2025 in Commercial

Execution No. 7 of 2024, remitting the matter back for fresh

consideration, after summoning the entire original record of

the arbitration proceeding.

With the above, the present petition stands disposed of.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J) BINA SHAH