RE: oex24 Aug 2018 14:47
Oilex has appointed GUPTA law associates as it legal team in the case
and heres the legal; argument petitioner is gspc: repsondent Oilex
2. Learned counsel for the petitioner submits that even
before the petitioner can resort to the said clause and
referred the matter to the arbitration, the respondent has
acted to the prejudice of the interest of the petitioner,
which is quite evident from default notice dated 29.05.2018
and the notice dated 29.07.2018.
3. Having heard learned counsel for the petitioner and in
the facts of the case, this is a fit case to grant ex-parte
ad-interim relief. Hence, Notice, returnable on 04th September,
2018. By ad-interim relief, the respondents are hereby
directed not to take any coercive steps against the petitioner
pursuant to default notice dated 29.05.2018 and the notice
dated 29.07.2018.
Direct Service is permitted.
The petitioner is also permitted to serve this order to
the respondents by email
GSPC are trying to take oilex to SIngapore arbitartion
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 130 of 2018
==========================================================
GUJARAT STATE PETROLEUM CORPORATION LIMITED
Versus
OILEX LIMITED
==========================================================
Appearance:
MR ASPI M KAPADIA(1865) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1,2
==========================================================
CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 09/08/2018
ORAL ORDER
From the record, it appears that the agreement dated
05.11.2008, which is purported to have been entered into
between the parties and in respect of which, this application
is filed under Section 9 of the Arbitration and Conciliation
Act, 1996, contains clause 18.2, which reads as under:
Clause 18.2 – Dispute Resolution and Jurisdiction
“Any dispute, controversy or claim arising out of or in
connection with this agreement, including any question
regarding its interpretation, existence, validity, breach
or termination (“Dispute”), which cannot be amicably
resolved by the Parties, shall be settled by arbitration
in Singapore in accordance with the UNCITRAL Arbitration
Rules (The Rules) as at present in force. The arbitration
shall be held at seated in and administered by the
Singapore International Arbitration Center (“SIAC”)
Doubt this will resolve by 4th sept
GLA