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2003 Supreme(Bom) 524

A.P.SHAH, D.K.DESHMUKH
Saurabh Kalani – Appellant
Versus
Tata Finance Ltd. & another – Respondent


JUDGMENT - SHAH A.P., J.:---This appeal arises out of a petition filed by the appellant under section 34 of the Arbitration Conciliation Act, 1996 to set aside an Award. Chandrachud, J., dismissed this petition and it is from that order of dismissal that this appeal is preferred. Respondent No. 1 had granted financial facility to a company by name Gilt Pack Ltd. (G.P.L.). In so far as the appellant is concerned, it is common ground that he had furnished a personal guarantee to secure the outstanding dues of the respondent No. 1. Respondent No. 1 invoked the personal guarantee which was furnished by the appellant upon default of the company in paying the outstanding dues payable under four bills of exchange in the total amount of Rs. 50 lacs, which were discounted by respondent No. 1. On 16th December, 1999, in pursuance of the provisions of arbitration contained in Clause 23 of the Deed of Guarantee respondent No. 1 referred the dispute which had arisen between the parties to the sole arbitration of Mr. Ashwin Ankhad, a practising Advocate under the provisions of Arbitration Conciliation Act, 1996. In February, 2000, two applications came to be filed before the arbitrator. The






























































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