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2021 Supreme(SC) 1081

N. V. RAMANA, A. S. BOPANNA, HIMA KOHLI
Mahindra and Mahindra Financial Services Ltd. – Appellant
Versus
Maheshbhai Tinabhai Rathod – Respondent


JUDGMENT :

A.S. BOPANNA, J.

1. The appellant in these appeals is assailing the order dated 24.09.2012 passed by the learned Division Bench of the High Court of Judicature at Bombay in Appeal Nos.526 and 525 of 2012 in N.M. No. 925/2012, N.M. No. 923/2012 in A.P. No. 209/2012 and A.P. No. 212 of 2012 respectively. By the said order the learned Division Bench has allowed the appeals, condoned the delay and directed to place the Arbitration Petition No. 209 of 2012 and 212 of 2012 filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“Act 1996” for short) for admission hearing before the learned Single Judge for consideration on merits.

2. The brief facts leading to the above appeals is that the respondent availed loan facility for purchase of tractors and an Agreement No. 366533 dated 24.10.2005 was entered into between the parties in respect of the transaction. The further details relating to the transaction on merit is unnecessary to be adverted for the purpose of disposal of these appeals. However, it is noted that due to non-adherence to the terms of contract, dispute arose between the parties and the same was referred to arbitration by invoking the arbitration claus

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