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2013 Supreme(Bom) 2165

R.M.SAVANT
Resources International – Appellant
Versus
Ana Bertha do Regoe Fernandes – Respondent


Advocates Appeared:
For the Appellants:S.D. Lotlikar, Senior Advocate with Ms. Nagvekar, Advocate.
For the Respondents:A.N.S. Nadkarni, Senior Advocate with D. Pangam, J. Supekar, Advocates.

JUDGMENT

Rule in all the petitions. With the consent of the learned Counsel for the parties, made returnable forthwith and heard.

2. The writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the identical orders dated 16/11/2012 passed by the Principal District Judge, South Goa, Margao, by which order, the applications filed by the respondents for being permitted to cross-examine the person, who had sworn the affidavit in the applications filed under Section 149/151 of the C.P.C. i.e. one Dipak Rajani, came to be allowed and the said person i.e. Shri Dipak Rajani was directed to submit himself to cross-examination.

2. The facts necessary to be cited for the adjudication of the above petitions can be stated thus :

The petitioners herein and the respondents were involved in Arbitration Proceedings, which culminated in the declaration of the Award dated 29/03/2008. The petitioners invoked Section 34 of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act, 1996' for short) by filing Applications to challenge the said Award passed by the majority of the Arbitrators. The said Arbitration Applications, inter alia, contain an averment




























































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