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2018 Supreme(Bom) 1273

R.D.DHANUKA
Prabhat Steel Traders Pvt. Ltd. – Appellant
Versus
Excel Metal Processors Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Dr. Birendra Saraf with Mr. Rohan Savant, Ms. Nafisa Khandeparkar, Monisha Mane, Ms. Raksha Thakkar and Mr. Shivam Nimbalkar i/b ALMT Legal.
For the Respondents: Mr. Gautam Ankhad with Mr. Rohan Cama, Mr. Omkar Chandurkar, Mr. Abhishek Adke, Mr. Nitin Jain and Mr. Lalit Munshi i/b Abhishek Adke, Mr. Javed Hussein, Mr. Mubashir Hussein, Ms. Munibah Iram, Ms. Saba Shaikh, Ms. Reshma Khatri, Ms. Firdous Khan and Mr. Sagar Tambe i/b Mr. S.M. Kazi.

JUDGMENT :

1. By consent of parties, the matters are heard finally at the admission stage.

2. Mr. Gautam Ankhad, learned counsel appearing for the respondent no.2 in the arbitration petition raises a preliminary objection about the maintainability of these arbitration petitions on the ground that none of these petitioners were parties to any arbitration agreement between the respondent no.1 and the respondent no.2 and thus cannot invoke section 37 of the Arbitration & Conciliation Act, 1996. This Court however directed all the parties to address this Court on the issue of maintainability of the arbitration petitions raised by the respondent no.2 and also on the merits of these arbitration petitions. Both the parties have accordingly addressed this Court. Though this Court had heard the Notice of Motion No.628 of 2017 in Commercial Suit No.669 of 2017 filed by Karamtara Engineering Private Limited against Excel Metal Processors Private Limited & others, for sake of convenience, a separate order is passed in the said notice of motion and more particularly in view of there being no issue of maintainability of suit raised by the defendants therein.

3. By these 13 arbitration petitions fil
























































































































































































































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