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2015 Supreme(Bom) 1069

R.D.DHANUKA
Wanbury Ltd. – Appellant
Versus
Candid Drug Distributors – Respondent


Advocates:
Advocate Appeared:
Mr. P.K. Samdhani, Senior Advocate, a/w. Mr. Vishal Talsania, Mr. Mahesh Londhe,
Mr. Akshay Udeshi, i/b. M/s.Sanjay Udeshi & Co. for the Petitioner.
Mr.Dushyant Purekar for the Respondents.

JUDGMENT :

By this petition filed under section 14(1) (a), 14(2) and 32(2) (c) of the Arbitration and Conciliation Act, 1996, the petitioner seeks a declaration that the mandate of the arbitral tribunal constituted by an order dated 8th October, 2013 in Arbitration Petition No.46 of 2012 is terminated. The petitioner also seeks an order that the order dated 30th September, 2014 passed by the arbitral tribunal thereby entertaining and allowing the application of the respondent for condonation of delay in filing statement of claim alongwith documents and proceeding with the arbitration proceeding further be set aside. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. The petitioner herein was the original respondent and the respondent herein was the original claimant before the arbitral tribunal. On 13th January, 2013, the parties entered into an agreement whereby the respondent was appointed as nonexclusive C&F Agent of the petitioner. The said agreement came to be terminated by the petitioner on 6th April, 2006. The respondent filed a suit (20 of 2007) on 30th March, 2007 against the petitioner in the Court of Civil Judge (Senior Division) No.1,
























































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