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2019 Supreme(Bom) 287

B.P.COLABAWALLA
NEETA LALITKUMAR SANGHAVI – Appellant
Versus
BAKULABEN DHARMADAS SANGHAVI – Respondent


Advocates:
Advocate Appeared:
Sanjay Jain, Adv., Atul Daga, Adv., Niranjan M Deshpande, Adv., Yatin R Shah, Adv., Nimay Dave, Adv., Prakash R Shah, Adv., Hiren G Shah, Adv., Prakash & Co, Adv., Rahul Raut, Adv., N.N. Vaishnawa & Co, Adv., Ashish Gohil, Adv., Makrand Bakore, Adv.

JUDGMENT :

B. P. COLABAWALLA, J.

1. In this Arbitration Petition the petitioners seek to challenge the order dated 20th July, 2017 (for short "the impugned order") passed by the Arbitral Tribunal. By the impugned order, the Arbitral Tribunal dismissed the application filed by the petitioners herein (dated 27th February, 2017) for bringing themselves on record in the arbitration proceedings as the heirs of the original claimant - Lalitkumar Vanmalidas Sanghavi.

2. In the averments in the petition and more particularly paragraph 20 thereof, it is stated that the petitioners were advised to challenge the impugned order under Section 14 as also under Section 37 by way of an Appeal from Order under Section 16 of the Act as well as by way of an application under Section 34. When this matter was first argued before me, I had enquired from the petitioners as to under which provisions they are challenging the impugned order. It was thereafter stated on behalf of the petitioners that this petition be treated as a petition under Section 14 and more particularly under Section 14 (2) of the Arbitration and Conciliation Act, 1996 (for short "the Act"). It is on this basis that I have proceeded to h


























































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