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2016 Supreme(Bom) 14

R.D.DHANUKA
Patel Engineering Co. Ltd. – Appellant
Versus
B. T. Patil & Sons Belgaum – Respondent


Advocates:
Advocate Appeared:
Mr.Aspi Chinoy, Senior Advocate a/w Mr.F.E.Divetri, Senior Advocate a/w Mr.M.S. Doctor, Senior Advocate a/w Mr.Nimay Dave i/by M/s. Bachubhai Munim & Co. for the Petitioner.
Mr.Virendra Tulzapurkar, Senior Advocate a/w Mr.Nikhil Sakhardande a/w Mr.Mandar Soman i/by Mr.N.V. Bandiwadekar for the Respondent.

Judgment :

By the Arbitration Petition No.891 of 2010 filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “Arbitration Act”), the petitioner has impugned the orders/decisions dated 17th December 2009, 29th December 2009 and the award dated 25th January 2010 as corrected by the order dated 22nd February 2010 in so far as it allows the claims, or part thereof, in favour of the respondent is concerned and by the Arbitration Petition No.893 of 2010 filed under Section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned the orders/decisions dated 17th December 2009 and 29th December 2009 (as corrected by the arbitrator's letter dated 4th January 2010) and the award dated 25th January 2010 as corrected by the order dated 22nd February 2010 in so far as it allows the claims, or part thereof, in favour of the respondent is concerned.

2. By consent of the parties, both the petitions were heard together and are being disposed of by a common order and judgment. The petitioner herein was the original respondent in the arbitral proceedings whereas the respondent herein was the original claimant. Some of the relevant facts for the purpose of de







































































































































































































































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