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2017 Supreme(Bom) 1844

R.D.DHANUKA
Rajesh K. Shah – Appellant
Versus
Kamlesh K. Sahani – Respondent


Advocates Appeared:
For the Petitioner: Ms. Mamta Sadh, Mr. Kalpesh J. Nansi, Ms. Khan Farhana
For the Respondent: Mr. Suyash Gadre, Mr. Chetan Mhatre, Utangale & Co.

JUDGMENT :

1. By consent of parties, facts being identical in all these matters, were heard together and are being disposed of by a common judgment.

2. I will summarize the facts in Arbitration Petition No.104 of 2017. By this petition filed under section 14 and 15 of the Arbitration & Conciliation Act, 1996, (for short “the said Act”) the petitioner seeks substitution and/or appointment and/or replacement of the erstwhile arbitrator. On 28th November, 2005, the parties filed a consent terms in Summons for Judgment No.186 of 2005 in Summary Suit No.2042 of 2003. The parties agreed to refer the disputes in the suit to the sole arbitration of Shri Justice A.B. Palkar, a former Judge of this Court. The said suit was disposed of in terms of the consent terms filed by the parties. In view of the demise of Shri Justice A.B. Palkar, a former Judge of this Court, by an order dated 20th November, 2009, Shri Justice Anoop V. Mohta passed in Arbitration Petition No.685 of 2009 appointed Shri Justice S.S. Parkar, a former Judge of this Court as sole arbitrator in place of the erstwhile arbitrator Shri Justice A.B. Palkar, a former Judge of this Court. The said Shri Justice S.S. Parkar also refus

















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