2001 Supreme(Bom) 1021
S.A.BOBDE, A.P.SHAH
Ram Nandan Prasad Sinha – Appellant
Versus
K. M. Consultants – Respondent
JUDGMENT - A.P. SHAH, J.:---The appellant was a member of the Bombay Stock Exchange and had appointed the respondent-firm as one of his sub-brokers. The respondent filed a complaint with the Investors Service Cell of the Stock Exchange, Mumbai against the appellant claiming certain amounts. However, thereafter the respondent withdrew its complaint and referred the dispute to arbitration under the bye-laws of the Stock Exchange without intervention of the Court. The respondent appointed Mr. Justice D.B. Deshpande (Retd.) as arbitrator whereas the appellant appointed Mr. Dinesh J. Shah, member of the Stock Exchange. An Award was made on 17-5-1999 by the arbitrators. Under the Award, the arbitrators have awarded an amount of Rs. 2,11,446. 73 with interest to the respondent. The principal ground on which the Award was challenged before the learned Single Judge was that the respondent was not a registered firm and, in any event, was not registered under the Indian Partnership Act at the material time and, therefore, could not make any claim in the arbitration proceedings and, therefore, the reference as well as the Award are void. It was also contended that one of the arbitrators, viz.,
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