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ARTICLE · 24 AUGUST 2023

HSA | Dispute Resolution & Arbitration Monthly Update | August 2023

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HSA | Dispute Resolution & Arbitration Monthly Update | August 2023...

IndiaLitigation, Mediation & Arbitration
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Dwarkadas Himatlal Shah v. LHS of Decd. Girishbhai Himatlal Shah

Background facts

  • Dwarkadas Himatlal Shah (Petitioner) initiated legal proceedings against Respondent No. 1 and 2 i.e., LHS of Deceased Girishbhai Himatlal Shah, seeking partition of the property located at Ahmedabad. Respondent No. 1, who was the original Defendant No. 1.1 and 1.2, appeared in the said suit proceedings and filed their written statement along with an Injunction Application.
  • Respondent No. 1 then filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 seeking dismissal of the suit in light of the arbitration clause mentioned in the Memorandum of Understanding (MOU) dated August 25, 2016, executed between the father of the Petitioner, father of Respondent No. 1 and Respondent No. 2 himself. The Petitioner did not submit a reply to the said application under Order 7 Rule 11. However, the Petitioner orally argued that the MOU was only meant for

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