CREATIVE INFOCITY LIMITED Vs. GUJARAT INFORMATICS LIMITED

JUDGEMENT

(1.) By way of the present Letters Patent Appeal, appellant Creative Infocity Limited [hereinafter referred to as "the appellant" or "CIL"], sought to question the validity of the order passed by the learned Single Judge dated 28.1.2009 in Special Civil Application No. 126 of 2009 preferred against the order passed by the 8th Additional Senior Civil Judge, Gandhinagar in respect of the application under Section 8 of the Arbitration & Conciliation Act, 1996 [hereinafter referred to as "the Arbitration Act"], being Exh. 17, filed by respondent Gujarat Informatics Ltd. [hereinafter referred to as "the respondent" or "GIL"] in Regular Civil Suit No. 427 of 2008 filed by the appellant.

(2.) The brief facts of the case as pleaded by the appellant are as follows :-

(3.) Mr Dhaval Dave, learned counsel appearing on behalf of the appellant CIL would contend that the orders passed by the trial Court and the learned Single Judge are illegal, they having failed to notice the relevant provisions of the Master Lease Agreement and made the following submissions.