C/FA/3867/2025 ORDER DATED: 16/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3867 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/FIRST APPEAL NO. 3867 of 2025 With CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2025 In R/FIRST APPEAL NO. 3867 of 2025 With R/FIRST APPEAL NO. 3868 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/FIRST APPEAL NO. 3868 of 2025 ========================================================== KALPESHBHAI ATMARAM PATEL Versus MUKESH KESHAVLAL PATEL & ORS. ========================================================== Appearance (FA/3867/2025): MR. MIHIR THAKORE, SR. ADV. WITH MR. PARTHIV SHAH, ISA HAKIM, ARADHANA JAIN FOR GANDHI LAW ASSOCIATES(12275) for the Appellant(s) No. 1 MR. DEVANG NANAVATI, SR. ADV., MR. DEVANG VYAS, SR. ADV. WITH MR C B UPADHYAYA(3508) for the Defendant(s) No. 2 MR. KAMAL TRIVEDI. SR. ADV., MR. SHALIN MEHTA, SR. ADV. WITH MR. C.B.UPADHYAYA FOR RESPONDENT NOS. 1&3 Appearance (FA/3868/2025) MR. SAURABH SOPARKAR, SR. ADV. WITH MR. JAIMIN R. DAVE WITH MR. PARTHIV SHAH, WITH SHIVAN M. DAVE WITH MR. YASH SIKKA FOR APPELLANT NOS. 1-2 MR. DEVANG NANAVATI, SR. ADV., MR. DEVANG VYAS, SR. ADV. WITH MR C B UPADHYAYA(3508) for the Defendant(s) No. 2 MR. KAMAL TRIVEDI. SR. ADV., MR. SHALIN MEHTA, SR. ADV. WITH MR. C.B.UPADHYAYA FOR RESPONDENT NOS. 1&3 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY C/FA/3867/2025 ORDER DATED: 16/10/2025 Date : 16/10/2025 ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Both the appeals are arising out of the common judgment and order dated 15.10.2025 passed below Exhibit-1 application in Commercial Civil Application No. 48 of 2025 filed under section 9 of the Arbitration and Conciliation Act, 1996, and as such they are being heard are being decided by this common order. 2. Heard the learned senior counsel Mr. Mihir Thakore assisted by the learned advocate Mr. Parthiv Shah, the senior advocates Mr. Devang Nanavati and Mr. Devang Vyas assisted by the learned advocate Mr. C.B.Upadhyay, the learned senior counsels Mr. Kamal Trivedi and Mr. Shalin Mehta assisted by the learned advocate Mr. C.B.Upadhyay and the learned senior counsel Mr. Saurabh Soparkar assisted by the learned advocate Mr. Jaimin R. Dave for the respective parties. 3. Having heard the learned senior counsels for the respective parties and perused the record, suffice it to note that the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’) has been filed against the order dated 15.10.2025, whereby the Court while C/FA/3867/2025 ORDER DATED: 16/10/2025 dealing with the application under Section 9 of the Act, 1996 has rejected the request for ad-interim relief noticing that the opponents are on caveat and they are represented by their advocates, who sought time to file a reply and are ready to argue the application on merits. 4. The order impugned records on perusal of the documentary evidences produced by the applicants that the partners can be expelled only by a unanimous decision and there is no apparent urgency or exceptional situation warranting grant of interim relief in favour of the applicants. 5. On a query made by the Court, it is intimated by the learned senior counsels appearing for the parties that the next date fixed in the matter before the Court concerned is 29.10.2025. It is submitted by the learned senior counsels appearing for the respondents herein, namely the opponent in Section 9 application, that the opponents would file their reply on or before 29.10.2025 after serving a copy of the same on the counsel appearing for the applicants. The learned senior counsel for the appellant would, in turn, submit that the applicants will file their reply in rejoinder within a period of 10 days from the date of receipt of the reply of the opponents. Page 3 of 5 C/FA/3867/2025 ORDER DATED: 16/10/2025 6. Taking note of the above, we provide that on 29.10.2025, on filling of the reply on behalf of the opponents, the matter be posted on 10.11.2025 to enable the applicants to file their reply-in- rejoinder. 7. We further clarify that we have not entered into the merits of the contentions of the learned senior counsels for the parties for the simple reason that the matter is still under consideration before the Court concerned and the next date fixed in the matter is only on 29.10.2025. We also note that an undertaking is given by the learned senior counsels for the parties that none of the parties would take adjournment on the date fixed, i.e. on 10.11.2025, and the application under Section 9 of the Act, 1996 may be heard finally on the said date. 8. On the said undertaking given by the learned senior counsels for the parties, we provide that while proceeding with the matter on 29.10.2025, the Court concerned shall fix the next date as 10.11.2025 and also indicate in the order that there shall be no further adjournment on the request, if any, of any of the parties. 9. With the above, we only provide that no further action shall be taken pursuant to the show cause notice dated 10.10.2025 against the applicants/appellants herein. Further that none of the partners C/FA/3867/2025 ORDER DATED: 16/10/2025 of the LLP namely Shree Siddhi Infrabuildcon Private Limited shall do any act which may go against the interest of the LLP. 10. It is directed that the application under Section 9 shall be decided finally by the concerned Court, as expeditiously as possible, preferably within a period of three weeks from the date of commencement of the final hearing. 11. It is further clarified that the Court concerned shall have to deal with the arguments of the learned counsels for the parties independently without being influenced by any of the observations hereinabove or the interim directions given by us, which is otherwise on the consent of the learned couns-els for the parties. 12. The directions given hereinabove, shall remain in operation till the final disposal of the application under Section 9 of the Act, 1996. 13. With the above, the present appeals stand disposed of. (SUNITA AGARWAL, CJ ) (D.N.RAY,J) C.M. JOSHI Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: CHANDRAKANT MAHADEV JOSHI(HC01073), Principal Pvt. Secretary, at High Court of Gujarat on 16/10/2025 16:08:56