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2012 Supreme(Bom) 1773

MOHIT S.SHAH, N.M.JAMDAR
Godrej Industries Limited – Appellant
Versus
Colin Mario Rebello – Respondent


Advocates Appeared:
For the Appellant:Anil Divan, Senior Advocate, V. Dhond Senior Advocate & Anil Jamsandekar i/b. Little & Co., Anil Divan, Senior Advocate with V. Dhond, Senior Advocate & Anil Jamsandekar i/b. Little & Co., Pravin Samdani, Senior Advocate, Snehal Shah a/w Shriraj Dhruv, Khyati Ghevaria & Manish Acharya i/by Dhru & Co., Advocates.
For the Respondents:R2 & R3, Rohit Kapadia, Senior Advocate, Pravin Samdani, Senior Advocate with Snehal Shah, Shriraj Dhruv, Khyati Pandit & Manish Acharya i/b. Dhru & Co., R6, Simil Purohit i/b. Mustafa Kachwala, R.M. Kadam, Senior Advocate with Ankita Singhania i/b. D.H. Law Associates, Saurabh Gadkari with Ranjit Shetty i/b. Juris Corp., Rohit Kapadia, Senior Advocate, Pravin Samdani, Senior Advocate with Snehal Shah, Shriraj Dhruv, Khyati Pandit & Manish Acharya i/b. Dhru & Co., R.M. Kadam, Senior Advocate with Ankita Singhania i/b. D.H. Law Associates, Saurabh Gadkari with Ranjit Shetty i/b. Juris Corp., Venkatesh Dhond, Senior advocate i/b Little & Co., Advocates.

Judgment

M. Jamdar, J.

1. These four appeals arise from the orders passed in two Arbitration Petitions, which were heard together by the learned single Judge. By the impugned order dated 11 May 2012, the learned single Judge has allowed the arbitration petitions and has restrained the appellants from in any manner dealing with certain shares of Gharda Chemicals Ltd. The issues raised in these appeals being common, they are heard together and disposed of by this common judgment.

2. Arbitration Petition No.444 of 2012 was filed by Jer Rutton Kavasmaneck and Darius Rutton Kavasmaneck. Arbitration Petition (L) No.398 of 2012 was filed by Colin Rebello. Godrej Industries and Aban and Percy Kavasmaneck were contesting respondents in the petitions. These two sets of respondents in the arbitration petitions have filed the present four appeals. Along with the appeals we have also taken up two Arbitration Applications filed by Jer and Darius Kavasmanecks, and Colin Rebello under section 11 of the Arbitration & Conciliation Act, 1996 (the Act) for appointment of arbitrator.

3. Some of the parties are related. Jer is the mother of Darius and Percy. Percy and Aban are husband and wife. Maharukh

























































































































































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