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2012 Supreme(Bom) 1017

ANOOP V.MOHTA
Saraswat Cooperative Bank Ltd. – Appellant
Versus
Jaynit Agencies – Respondent


Advocates appeared:
For the Petitioner:Bhupesh V. Samant, Advocate.
For the Respondents:R1 to R4 & R6, Javed Khan Akhtar, Advocate.

Judgment :

1 On 11 May 2012, the learned counsel for Respondents 1 to 4 and 6 appeared and made his submissions. I have already heard the counsel for the Petitioner on 27 April 2012. The counsel for Respondents was absent on that day and on earlier occasion also as recorded in Order dated 27 April 2012. To give one more opportunity the matter was kept for final disposal on 4 May 2012 in chamber. The matter was further kept on 7 May 2012 for arguments on behalf of Respondents. The matter thereafter was listed on 10 May 2012 in chamber, but on request of the counsel for Respondents, the same was listed by consent on 11 May 2012. On 11 May 2012, heard both the parties and the matter was closed for judgment.

2 After hearing both the parties and considering the rival submissions so raised, I am inclined to interfere with the Award based upon the reasons already recorded in the Order dated 27 April 2012.

3 The Petitioner has invoked Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) and thereby challenged award dated 24 September 2009 passed by the Arbitrator Mr. R.A. Dalvi who was appointed under Section 84 of the Multi-State Cooperative Societies A















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