KESORAM INDUSTRIES LTD. Vs. MAGOTTEAUX INDUSTRIES PVT. LTD.

JUDGEMENT

(1.) The present appeal preferred under Sec. 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 read with Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act"), read with Sec. 96 of the Code of Civil Procedure, 1908 assailing the correctness and validity of the order dtd. 11/10/2022 passed by the learned Principal Senior Civil Judge, Commercial Court, Gondal (hereinafter referred to as "the learned court") in Commercial Suit No.01 of 2022, wherein the learned court rejected the application below Exhibit 8 filed by the appellant under Sec. 8 of the Arbitration Act.

(2.) The facts leading to the filing of the present appeal is that the appellant is a Public Limited Company registered under the Companies Act, 1956 and is governed by the provisions of Companies Act, 2013. The appellant is engaged in the business of manufacturing and sale of cement. The opponent No.1 is manufacturer and supplier of various types of solutions for cement industries.

(3.) We have heard Mr. Kunal J. Shah, learned advocate with Mr. Devarsh Trivedi, learned advocate for Gandhi Law Associates for the appellant and Ms. Gargi R. Vyas, learned advocate appearing for the opponents.