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2013 Supreme(Bom) 739

R.D.DHANUKA
Technica International Engineering Pvt. Ltd. – Appellant
Versus
Kokan Mercantile Co-op. Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioners:G.S. Gidwani, A.H. Fernandes, Navin Tiwari i/b Vasant Dhawan, Advocates.
For the Respondents:Nikhil Sakhardande, i/b Sandeep Waghmare, Ms. Sowmya Srikrishna, i/b Sandeep Waghmare, Advocates.

Judgment :

By these petitions filed under section 34 of the Arbitration and Conciliation Act, 1996, the petitioners seeks to challenge the awards made by the learned arbitrator under section 84 of the Multi State Cooperative Societies Act, 2002 (hereinafter referred to as “Multi-State Act, 2002”) allowing the claims made by the first respondent. As the learned counsel appearing for parties have made common arguments in all the four petitions, the same were heard together by consent of the parties finally at the admission stage and are being disposed of by this common order.

2. The facts in Arbitration Petition No. 85 of 2010 and Arbitration Petition No. 23 of 2010 are as under:-

(a) The first petitioner in Arbitration Petition No.85 of 2010 is a private limited company.

One of the Director of first petitioner Mr. Abdul Latif Mahmood Dadan expired leaving petitioner no. 3 to 6 as his legal heirs. Petitioner no. 3 is one of the Directors of the first petitioner. Petitioner no. 3 is also one of the legal heirs of Mr. Abdul Latif Mahmood Dadan. Petitioner no. 4 to 7 are legal heirs of the said Abdul Latif Dadan. Petitioner No. 8 was a guarantor who had executed guarantee to secure the















































































































































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