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2017 Supreme(Bom) 1624

A.S.OKA, A.K.MENON
Mohammedhussain Abdullabhai Zulfikar Mohammedhusain Kagalwala – Appellant
Versus
Shabbirbhai Abdullabhai Raziabai – Respondent


Advocates Appeared:
For the Appellants :Aditya Thakkar, Mr.Mubashir Syer, Murtaza Federal i/b. M/s. Federal & Rashmikant, Sean Wasoodew a/w Rupesh Mandhare i/b M.M. Vashi, Advocates.
For the Respondents:Sarosh Bharucha, Vijayalaxmi Kulkarni, Hilla Boatwalla i/b M/s. Nanu Hormasjee & Co., Advocates.

JUDGMENT :

A.S. OKA, J.

1. These appeals can be conveniently disposed of by a common judgment and order. With a view to appreciate the submissions made across the bar, it will be necessary to make a brief reference to the facts of each case.

2. Appeal No.769/2004 takes an exception to the judgment and order dated 1st September 2004 passed by the learned single Judge in Arbitration Petition No.332/2002. By the said judgment and order dated 1st September 2004, the learned single Judge decided four Arbitration Petitions (Arbitration Petition Nos.353/2002; 332/2002; 354/2002; and 333/2002). The said Arbitration Petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”) were filed for challenging the consent awards made by the learned Arbitrator.

3. In Appeal No.769/2004, the appellants are the legal representatives of late Akhtarbhai Abdullabhai. The said Akhtarbhai, the original the first, second and fifth respondents (Shabbirbhai,Mohammed Hussain and Ashfaqbhai), the third respondent (Taherbhai) the fourth respondent(Moizbhai) and eighth and ninth respondents are brothers and sisters respectively. Their father was Abdullabhai. It appears th




























































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