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2017 Supreme(Bom) 105

R.D.DHANUKA
Prema Amarlal Gera – Appellant
Versus
Memon Co-operative Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioners:Mr. Suresh Firodiya, i/b. Mr. Harshad Sathe for the Petitioner in Arbitration Petition No.207 of 2012 and for the Respondent no.2 in Arbitration Petition No.1345 of 2012.
For the Respondents: Mr. Jayesh Patel, a/w. Mr. Dewang Khira.
Mr. Rumi Mirza for the Petitioner in Arbitration Petition No.1345 of 2012 and for the Respondent no.2 in Arbitration Petition No.207 of 2012.

JUDGMENT :

By these two arbitration petitions filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') the petitioner in both the aforesaid two petitions have impugned the arbitral award declared on 15th October, 2011 by the learned arbitrator under section 84 of the Multi State Co-operative Societies Act, 2002 (for short 'the said Act of 2002'). By consent of parties, both the arbitration petitions were heard together and are being disposed of by a common judgment.

2. The petitioner in Arbitration Petition No.207 of 2012 was impleaded as party on demise of original respondent no.1 in the arbitral proceedings i.e. Mr. Amarlal Ramchand Gera who was her husband who expired during the pendency of the arbitral proceedings. The respondent no.1 herein was the original claimant in the arbitral proceedings. The petitioner in Arbitration Petition No.1345 of 2012 had applied for intervention in the arbitral proceedings before the learned arbitrator and was allowed to intervene by the learned arbitrator though he was not a party to the arbitration agreement. For the sake of brevity the petitioner in Arbitration Petition No.1345 of 2012 is referred t







































































































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