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2016 Supreme(Bom) 891

R.D.DHANUKA
Amar Tea Distributors a Partnership firm – Appellant
Versus
Coca-Cola India Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.R. Joshi, Senior Advocate and Mr. Jignesh Shah.
For the Respondent: Mr. Nimay Dave, Mr. S. Srivastava, Mr. T. Kapadia and M/s. D.H. Law Associates.

JUDGMENT :

R.D. DHANUKA, J.

1. By this petition filed under Section 14 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”), the petitioner has prayed for quashing and setting aside the order dated 10th April 2015 passed by the learned arbitrator thereby allowing the application dated 3rd July 2014 filed by the respondent herein and rejecting the application for termination of the mandate of the arbitral tribunal under Section 25 (a) of the Arbitration Act and holding that the statement of claim dated 19th May 2014 filed by the petitioner would be given back to the petitioner (original claimant) when the said order was pronounced on the ground that the arbitral tribunal had no power to accept or reject the same. The learned arbitrator also directed that the respective pleadings in the application would also be returned along with the copies of the order to both the parties. Some of the relevant facts for the purpose of deciding this petition are as under:-

2. The petitioner herein is the original claimant in the arbitration proceedings whereas the respondent herein is the original respondent.

3. The parties had entered into a Distributor Agreement on 7th Marc






































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