SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

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.,
























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top