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2003 Supreme(Bom) 396

NISHITA MHATRE, H.L.GOKHALE
Sadbuddhi Brahmesh Wagh & others – Appellant
Versus
Sheela Mahabaleshwar Wagh & others – Respondent


Judgment

GOKHALE H.L., J.:---This appeal under Letters Patent by the original petitioners seeks to challenge the order and judgment dated 15th October, 1997 passed by a Single Judge in a petition under section 30 of the Arbitration Act, 1940. The petitioners and the respondents are the heirs of one Shri Vinayakrao Venkatesh Wagh who died intestate on 11th November, 1958. One of the sons of this Shri Vinayakrao viz. Mahabaleshwar (since deceased and the predecessor-in-title of respondents Nos. 1-A to 1-C herein) filed Suit No. 2794 of 1990 for administration of the estate of late Shri Vinayakrao, wherein all others in the present proceedings (or their predecessors-in-title) being other heirs were joined as defendants. Consent terms were arrived at in that suit and all the disputes in the said suit between the parties were referred to a sole arbitrator by an order in terms of consent terms in that suit passed on 15th March, 1991. The arbitrator gave his Award on 16th June, 1997. The Award of the learned Arbitrator was sought to be set aside by these appellants through the arbitration petition, which came to be dismissed by the learned Single Judge by the impugned order, and hence, thi

































































































































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