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2009 Supreme(Bom) 1453

VASANTI A.NAIK
Manjushree wd/o Late Govindlal Kothari – Appellant
Versus
EMMAR Builders and Developers Private Limited – Respondent


Advocates Appeared:
For the Applicant:Bhattad, Advocate.
For the Respondents:Ghare, Advocate.

Judgment :

Rule. Rule made returnable forthwith. Heard with consent of the learned counsel for the parties.

2] The issue involved in this case is a short one and is covered by the Full Bench Judgment rendered by this court in the case of Punit Malhotra & another ..vs.. R.S. Gai Sole Arbitrrator & others, reported in 2008 (6) Mh.L.J. 867. In this case the petitioner had challenged the award passed by the Arbitrator by filing proceedings before the District Judge at Nagpur under section 34 of the Arbitration and Conciliation Act 1996. The learned District Judge, by following the judgment reported in 2007 3 Mh.L.J. Page 514, directed the petitioner to pay the court fee as provided under article 3 of schedule I of the Bombay Court Fees Act 1959. The learned District Judge directed the petitioner to pay court fee of Rs.1,74,030/-. The petitioner has challenged the order dated 10.8.2007 by filing this petition.

3] Since the judgment reported in 2007 (3) Mh.L.J. 514 Maharashtra Industries Development Corporation ..vs.. Govardhan Construction Company, has been overruled by the Full Bench of this court by the judgment reported in 2008 (6) Mh.L.J. Page 867, Punit Malhotra & another ..vs.. R.S


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