Atlanta Limited v. Gujarat Industrial Development Corporation

901_CARBP_1080_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 1080 OF 2019 Atlanta Limited ...

Petitioner vs.

Gujarat Industrial Development Corporation ...

Respondent Ms. Aparna Devkar, i/by. M. P. Vashi & Associates for petitioner. Mr. Ravi Gandhi a/w. Mr. Rashmin Jain and Mr. Karan Thakkar, i/by. Kanga & Company for respondent.

CORAM : MANISH PITALE, J DATE : 16th MARCH, 2023 P.C. :

.

The learned counsel for the parties have brought to the notice of this Court, the order dated 20th February, 2023, passed by the Supreme Court in Transfer Petition (Civil) Diary No.38075/2022. 2.

By the said order, the Supreme Court has directed transfer of the present petition from this Court to the Court of Principal District Judge, Bharuch, to be heard with First Appeal No.109/2019, pending before the said Court.

3.

A perusal of the order of the Supreme Court shows that the present proceeding has been recorded as First Appeal No.1080/2019, although the learned counsel for the parties jointly submit that the correct details of the present proceeding are Commercial Arbitration Petition No.1080/2019. The learned counsel have also brought to the notice of this Court the prayer clause in the Transfer Petition filed before the Supreme Court, wherein the 1/2

901_CARBP_1080_19.doc transfer of the present petition, specifically stated as Commercial Arbitration Petition No.1080/2019, was sought.

4.

In view of the above, this Court is satisfied that the aforementioned order of the Supreme Court pertains to the present petition. In view of the directions given by the Supreme Court in the said Transfer Petition, the registry is directed to immediately transfer the papers of the Commercial Arbitration Petition No.1080/2019 to the Court of Principal District Judge, Bharuch.

(MANISH PITALE, J) Priya Kambli 2/2