GUJARAT COMPOSITE LIMITED Vs. A INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been preferred against the common judgment and order dtd. 23/4/2018 passed by the High Court of Gujarat whereby, the High Court has dismissed First Appeal Nos. 588 of 2018 and 587 of 2018 filed by the appellant against the order passed by the Commercial Court, Ahmedabad dismissing the applications under Sec. 8 of the Arbitration and Conciliation Act, 1996 [Hereinafter also referred to as 'Act of 1996' or simply 'the Act'] in Commercial Civil Suit Nos. 90 of 2017 and 91 of 2017 respectively. Both these appeals, involving common questions concerning arbitrability of the dispute, have been heard together and are being taken up for disposal by this common judgment.

(3.) It would be apposite to take note of the factual and background aspects to the extent relevant for the points a rising for determination in the present appeals. Given the commonalities of the factual chronology, it would be proper to accord primacy to facts of the lead matter i.e., the appeal arising from SLP (C) No. 16932 of 2018 [relating to First Appeal No. 588 of 2018 in the High Court, arising from the order passed in Commercial Civil Suit No. 90 of 2017], apart from noticing a few facts that may be of relevance in the cognate appeal.