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2018 Supreme(Bom) 1946

R.D.DHANUKA
Neelkanth Mansions and Infrastructures – Appellant
Versus
Urban Infrastructure Ventures Capital Limited – Respondent


Advocates Appeared:
For the Petitioners:Mr. Gaurav Joshi, Senior Advocate, with Mr. Parimal K. Shroff, Mr. D.V. Deokar, Mr. Pinakin Modi, Mr. D. Parikh, Ms. J. Upadhyay and Ms. Ankita Roy, Mr. Janak Dwarkadas, Senior Advocate.
For the Respondents:Mr. Shyam Mehta, Senior Advocate, with Mr. Aditya Bapat, Mr. Sandeep Junnarkar and Mr. Yash Joglekar Mr. Zal Andhyarujina, with Ms. Shruti Sardesai, Ms. Hetal Thakore, Ms. Jyoti Ghag and Mr. Kunal Parekh i/b Mr. Navroz Seervai, Senior Advocate, with Mr. Firdosh Pooniwala, Mr. Arif Doctor, with Mr. Murari Madekar and Mr. Sachin Kudalkar i/b & Dr. Birendra Saraf with Mr. Rajeev Carvalho with Mr. Amey Nabar and Mr. Gaurav Thakur I/b M/s. Dayal. & Associates

JUDGMENT :

R.D. DHANUKA, J.

1. By petition filed under section 37 of the Arbitration and Conciliation Act, 1996 the petitioners who were the original claimants before the learned arbitrator, the petitioners have impugned the order dated 5th December, 2016 passed by the learned arbitrator accepting the plea of the jurisdiction raised by the respondent nos.1 to 6 in Case Nos.6 to 10 of 2015 before the learned arbitrator and holding that the learned arbitrator did not have jurisdiction to adjudicate the disputes raised by the petitioners relating to the parties other than the parties to respective 6 Subscription cum Shareholders Agreements dated 18th October, 2008.

2. The learned arbitrator has ordered the deletion of the claimant nos.1, 2, 3, 4 and respondent nos.2, 4, 5, 6, 7, 9 and 10 from the array of parties and further directing the claimants to either file an amended statement of claim within four weeks from December 2016 by deleting those parties and confine their claims disputes arising from Subscription cum Shareholders Agreements dated 18th October, 2008 or to file a fresh statement of claim within the said period. The respondents to these petitions were the respondents in the













































































































































































































































































































































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