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2017 Supreme(Bom) 211

A.S.CHANDURKAR
Ramdeobaba Padmavati Developers & Builders – Appellant
Versus
Ganesh Vitthaldas Chandak – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri S. P. Kshirsagar, Advocate
For the Respondent:Shri J. M. Gandhi, Advocate and Ms A. P. Gupta, Advocate, Shri B. C. Pal, Advocate

JUDGMENT:

1. As the parties have been served with notice for final disposal of the Civil Revision Application, their learned counsel have been heard at length.

2. The applicants who are the original defendant nos. 1 to 6 in Special Civil Suit No. 835 of 2015, are aggrieved by the order dated 6.12.2016 passed below Exhibit 18 whereby the application filed by them under Section 8 of the Arbitration and Concilliation Act, 1996 (for short, the “said Act”) has been rejected.

3. Brief facts giving rise to the present proceedings are that it is the case of the non-applicant nos. 1 and 2 that they along with the present applicants had formed a Partnership Firm by executing a registered Deed on 1.4.2010. The business of said partnership was to deal with real estate properties. According to the original plaintiffs, the Firm had undertaken a project of construction by purchasing land admeasuring 2.00 hectares. It is the further case of the plaintiffs that defendant nos. 1 to 6 got the names of the plaintiffs deleted from the revenue record and thereafter in connivance with defendant no. 10, executed sale deed of the aforesaid property in favour of defendants no. 7 to 9. On that basis, the plaint





















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