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2007 Supreme(Bom) 686

R.M.S.KHANDEPARKAR, D.G.KARNIK
THANIKKUDAM BHAGWATI MILLS LTD. – Appellant
Versus
REENA RAVINDRA KHONA – Respondent


Advocates Appeared:
Jaykar, KHAITAN, P.K.SAMDANI, PUROHIT, S.H.DOCTOR

R. M. S. KHANDEPARKAR, J.

( 1 ) THIS appeal arises from the order dated 18-4-2006 passed by the learned single Judge in Arbitration petition No. 351 of 2005. By the impugned order, the learned single Judge has dismissed the said arbitration petition filed by the appellants/petitioners.

( 2 ) THE impugned order is sought to be challenged on the ground that though specific grounds as regards the lack of jurisdiction to the arbitrator to deal with the dispute in question, absence of any settlement of claim by the respondents/claimants and failure to comply with the principles of natural justice by the learned arbitrator were specifically raised and further that the counsel for the appellants was never instructed to give up or concede on any of those grounds, the learned single Judge erred in dismissing the petition without addressing to the said issues and without considering the said grounds. It is the contention on behalf of the appellants that the impugned order is contrary to the case put forth by the appellants and in any case since the point of jurisdiction goes to the root of the matter, irrespective of the fact whether the same was argued by the learned Advocate for the appell


















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