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2014 Supreme(Bom) 1647

R.D.DHANUKA
Jayraj Devidas – Appellant
Versus
Nilesh Shantilal Tank – Respondent


Advocate Appeared:
For the Appellants:D.D. Madon, Senior Advocate, a/w. R.D. Suryawanshi, Advocates.
For the Respondents:Y.S. Jehagirdar, Senior Advocate, a/w. Atul G. Damle, Advocate.

Judgment

1. This appeal is directed against the order and judgment dated 30th August, 2013 delivered by the learned Principal District Judge Thane allowing application filed by the respondents under section 9 of the Arbitration and Conciliation Act, 1996. The appellants have challenged the said orders on various grounds raised in the memorandum of appeal.

2. Mr. Madon learned senior counsel for the appellants however raises an issue of maintainability of application under section 9 of the Arbitration and Conciliation Act, 1996 itself filed by the respondents on the ground of the memorandum of understanding executed by and between the parties dated 6th August, 2008 being insufficiently stamped. Since both the learned senior counsel have addressed this court on this issue, without going into the other issues raised in the appeal memo and since decision on this issue will have bearing on the disposal of the appeal itself, I will deal with this issue raised by the appellants.

Some of the relevant facts for the purpose of deciding this issue are as under:-

3. It was case of the respondents herein (original applicants) in their application under section 9 of the Arbitration and Conciliatio





































































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