R.D.DHANUKA
Marwadi Shares & Finance Ltd. – Appellant
Versus
Miral Kanaksinh Thakore – Respondent
1. By these two petitions, filed under section 34 of the Arbitration and Conciliation Act, 1996 the petitioner seeks to impugn the awards dated 1.11.2011 in both the matters dismissing the appeals filed by the petitioner on the ground of limitation. By consent of the parties, both the matters were heard together and are disposed of by a common Judgment.
2. Since facts of both the matters are identical, I am summarizing the facts of Arbitration Petition No.485 of 2013.
3. The Petitioner is a member of National Stock Exchange of India and Bombay Stock Exchange Ltd. The respondent No.1 was the constituent of the petitioner. Disputes arose between the parties in respect of some of the transactions. Since the impugned award is challenged only on the ground of limitation, this Court need not summarize all the facts considering the merits of the claim.
4. On 1.11.2011 the learned Arbitrator appointed under the rules, bye laws and regulations of the Bombay Stock Exchange Ltd rendered an award in the claims filed by the petitioner herein against the respondent no.1 thereby rejecting the claims. The petitioner received copy of the said award on 4.11.2011. On 12.11.2011 the petitioner ma
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