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2003 Supreme(Bom) 398

F.I.REBELLO
Bharat M. Nagori – Appellant
Versus
Satish Ashok Sabnis & another – Respondent


JUDGMENT - REBELLO F.I., J.:---By the present petition the petitioner impugns the Award dated October 10, 2001 whereby the claim of the petitioner has been rejected. The learned Arbitral Tribunal found that there are no written directions issued by the petitioner, but went on to observe as under:---

"But my experience is that not bothering to obtain written instructions is a common feature amongst the stock broking community. I shall, therefore, not go into the question of breach of regulations."

2. The learned Arbitral Tribunal thereafter on the oral evidence of one Mr. Agarwal rejected the case of the petitioner. The case examined by the learned arbitrator was of friendship between one Jagmohansingh Gujral and the petitioner herein. It was the case of the respondent that the petitioner had done transactions on behalf of Gujral. Gujral became liable for the amounts and the petitioner instructed the respondent to adjust the amount payable to him towards the dues of Mr. Gujral. The learned Tribunal found that the case of the respondent was acceptable and consequently rejected the claim of the petitioner. It is in that context that the challenges as made by the petitioner will have to




















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