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2014 Supreme(Bom) 2231

R.V.GHUGE
Sanjay Suganchand Kasliwal – Appellant
Versus
Jugalkishor Chhaganlal Tapadia – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:P.M. Shah, Senior Advocate instructed by S.V. Adwant
For Respondents/Defendant: R.F. Totla

JUDGMENT

R.V. Ghuge, J.

1. Heard. Rule. Rule made returnable forthwith, by the consent of the parties. Heard finally. I have heard learned Advocates for the respective sides in extenso on 28-10-2014, 31-10-2014, 12-11-2014, 13-11-2014 and 25-11-2014.

2. During the course of submissions of the learned Advocates for the respective parties, since it was requested that a final hearing at a later stage would consume substantial time looking at the pendency of final hearing cases, that this matter was heard and the Rule was made returnable forthwith by the consent of the parties. Needless to state that the controversy raised in this petition deserved to be addressed to expeditiously.

3. Issue is as regards two applications filed by the petitioner herein, under Order VI, Rule 17 of the Civil Procedure Code (CPC). The First Application is Exh. 35 and the second Application is Exh. 36.

4. The petitioner has preferred an Application MARJI No. 198/2014 before the learned District Judge at Parbhani under section 9of the Arbitration and Conciliation Act, 1996. Prior to the filing of this petition, both these petitioners were before this Court in Arbitration Appeal No. 3/2014. Application MARJI No. 1



















































































































































































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