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2005 Supreme(Bom) 822

F.I.REBELLO, N.A.BRITTO
Vimal Madhukar Wasnik – Appellant
Versus
Sole Arbitrator – Respondent


Judgment

F. I. REBELLO, J.

( 1 ) THE petitioner has approached this Court in the exercise of its extra ordinary jurisdiction under Article 226 of the constitution of India to set aside the order dated 9th December, 2001 passed by the learned arbitrator appointed under the provisions of the indian Arbitration and Conciliation Act, 1996, hereinafter referred to as the Act. It is the case of the petitioner that she is a Partner of the Partnership firm known as Vidarbha distillers in which she has 25% share holding. The partnership was registered on 28th february, 1982. The petitioners contention is that another partner Aspi Bapuna, the respondent No. 3 herein, played a fraud on her stating that the financial position of the firm is not good and that there are Sales Tax outstanding in a few crores and if the petitioner co-operates the firm can be saved and the personal properties of the petitioner could be liquidated. The petitioner is a divorcee. The respondent No. 3 under influence obtained signature of the petitioner on blank papers, stamp papers vakalatnamas and got signature on Mou under duress and handed over cheque of Rs. 4,92,023. 65 and assured the petitioner that she is 25% sh






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