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2007 Supreme(Bom) 521

S.RADHAKRISHNAN, D.B.BHOSALE, V.K.TAHILRAMANI
Fountain Head Developers – Appellant
Versus
Maria Arcangela Sequeira (since deceased through LRs. ) – Respondent


D. B. BHOSALE, J.:- In view of a divergence of the views in two judgments of learned Single Judges of this Court, the first being in Cotton Corporation of India Ltd. Vs. Sharad Shetkari Soot Girni Niyamit, 2000(3) Mh.L.J. 96: [2000(2) ALL MR 46] and the second in Omni Bus Industrial Development Corporation of Daman, Diu, Dadra and Nagar Haveli Ltd. Vs. M. N. Dhanani (Arbitration Appeal No.1 of 2000) decided on 17th December, 2002, a reference was made to the Honble the Chief Justice by another learned Single Judge in the appeal under Arbitration Act No.3 of 2004 (New Arbitration Appeal No.14 of 2005) by the order dated 23rd March, 2004 alongwith a request to refer the matter to a larger bench. This Full Bench has been, accordingly, constituted by the Hon'ble the Chief Justice.

2. In Omni Bus Industrial Development Corporation, the learned Judge while dealing with the definition of "Court", under section 2(e) of the Arbitration and Conciliation Act, 1996 (for short the "Act of 1996"), has taken a view that the Court of Civil Judge, Senior Division, Goa being the Principal Court of Original Civil Jurisdiction, would be entitled to hear an appeal under section 34 of the Act of 1996, wh























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