Gujarat High Court
Kalpeshbhai Atmaram Patel vs Mukesh Keshavlal Patel on 16 October, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/FA/3867/2025 ORDER DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3867 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 3867 of 2025
With
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2025
In R/FIRST APPEAL NO. 3867 of 2025
With
R/FIRST APPEAL NO. 3868 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/FIRST APPEAL NO. 3868 of 2025
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KALPESHBHAI ATMARAM PATEL
Versus
MUKESH KESHAVLAL PATEL & ORS.
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Appearance (FA/3867/2025):
MR. MIHIR THAKORE, SR. ADV. WITH MR. PARTHIV SHAH, ISA HAKIM,
ARADHANA JAIN FOR GANDHI LAW ASSOCIATES(12275) for the
Appellant(s) No. 1
MR. DEVANG NANAVATI, SR. ADV., MR. DEVANG VYAS, SR. ADV. WITH
MR C B UPADHYAYA(3508) for the Defendant(s) No. 2
MR. KAMAL TRIVEDI. SR. ADV., MR. SHALIN MEHTA, SR. ADV. WITH MR.
C.B.UPADHYAYA FOR RESPONDENT NOS. 1&3
Appearance (FA/3868/2025)
MR. SAURABH SOPARKAR, SR. ADV. WITH MR. JAIMIN R. DAVE WITH
MR. PARTHIV SHAH, WITH SHIVAN M. DAVE WITH MR. YASH SIKKA FOR
APPELLANT NOS. 1-2
MR. DEVANG NANAVATI, SR. ADV., MR. DEVANG VYAS, SR. ADV. WITH
MR C B UPADHYAYA(3508) for the Defendant(s) No. 2
MR. KAMAL TRIVEDI. SR. ADV., MR. SHALIN MEHTA, SR. ADV. WITH MR.
C.B.UPADHYAYA FOR RESPONDENT NOS. 1&3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Page 1 of 5
Uploaded by C.M. JOSHI(HC01073) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 03:49:02 IST 2025
NEUTRAL CITATION
C/FA/3867/2025 ORDER DATED: 16/10/2025
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Date : 16/10/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Both the appeals are arising out of the common judgment and
order dated 15.10.2025 passed below Exhibit-1 application in
Commercial Civil Application No. 48 of 2025 filed under section 9 of
the Arbitration and Conciliation Act, 1996, and as such they are
being heard are being decided by this common order.
2. Heard the learned senior counsel Mr. Mihir Thakore assisted
by the learned advocate Mr. Parthiv Shah, the senior advocates Mr.
Devang Nanavati and Mr. Devang Vyas assisted by the learned
advocate Mr. C.B.Upadhyay, the learned senior counsels Mr. Kamal
Trivedi and Mr. Shalin Mehta assisted by the learned advocate Mr.
C.B.Upadhyay and the learned senior counsel Mr. Saurabh Soparkar
assisted by the learned advocate Mr. Jaimin R. Dave for the
respective parties.
3. Having heard the learned senior counsels for the respective
parties and perused the record, suffice it to note that the present
appeal under Section 37 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as 'the Act, 1996') has been filed
against the order dated 15.10.2025, whereby the Court while
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C/FA/3867/2025 ORDER DATED: 16/10/2025
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dealing with the application under Section 9 of the Act, 1996 has
rejected the request for ad-interim relief noticing that the opponents
are on caveat and they are represented by their advocates, who
sought time to file a reply and are ready to argue the application on
merits.
4. The order impugned records on perusal of the documentary
evidences produced by the applicants that the partners can be
expelled only by a unanimous decision and there is no apparent
urgency or exceptional situation warranting grant of interim relief in
favour of the applicants.
5. On a query made by the Court, it is intimated by the learned
senior counsels appearing for the parties that the next date fixed in
the matter before the Court concerned is 29.10.2025. It is
submitted by the learned senior counsels appearing for the
respondents herein, namely the opponent in Section 9 application,
that the opponents would file their reply on or before 29.10.2025
after serving a copy of the same on the counsel appearing for the
applicants. The learned senior counsel for the appellant would, in
turn, submit that the applicants will file their reply in rejoinder within
a period of 10 days from the date of receipt of the reply of the
opponents.
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C/FA/3867/2025 ORDER DATED: 16/10/2025
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6. Taking note of the above, we provide that on 29.10.2025, on
filling of the reply on behalf of the opponents, the matter be posted
on 10.11.2025 to enable the applicants to file their reply-in-
rejoinder.
7. We further clarify that we have not entered into the merits of
the contentions of the learned senior counsels for the parties for the
simple reason that the matter is still under consideration before the
Court concerned and the next date fixed in the matter is only on
29.10.2025. We also note that an undertaking is given by the
learned senior counsels for the parties that none of the parties
would take adjournment on the date fixed, i.e. on 10.11.2025, and
the application under Section 9 of the Act, 1996 may be heard
finally on the said date.
8. On the said undertaking given by the learned senior counsels
for the parties, we provide that while proceeding with the matter on
29.10.2025, the Court concerned shall fix the next date as
10.11.2025 and also indicate in the order that there shall be no
further adjournment on the request, if any, of any of the parties.
9. With the above, we only provide that no further action shall be
taken pursuant to the show cause notice dated 10.10.2025 against
the applicants/appellants herein. Further that none of the partners
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C/FA/3867/2025 ORDER DATED: 16/10/2025
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of the LLP namely Shree Siddhi Infrabuildcon Private Limited shall do
any act which may go against the interest of the LLP.
10. It is directed that the application under Section 9 shall be
decided finally by the concerned Court, as expeditiously as possible,
preferably within a period of three weeks from the date of
commencement of the final hearing.
11. It is further clarified that the Court concerned shall have to
deal with the arguments of the learned counsels for the parties
independently without being influenced by any of the observations
hereinabove or the interim directions given by us, which is
otherwise on the consent of the learned couns-els for the parties.
12. The directions given hereinabove, shall remain in operation till
the final disposal of the application under Section 9 of the Act, 1996.
13. With the above, the present appeals stand disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
C.M. JOSHI
