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2019 Supreme(Bom) 483

S.C.GUPTE
Sushma B Chandak – Appellant
Versus
SMC Global Securities Ltd. – Respondent


Advocates:
Advocate Appeared:
Simil Purohit, Adv., Purohit & Co, Adv., Ashok Singh, Adv., Mahi Lalka, Adv.

JUDGMENT :

S.C. GUPTE, J.

1. This arbitration petition challenges an award passed by a Panel of arbitrators and confirmed by the appellate tribunal in an arbitration reference under Bye-laws, Rules and Regulations of National Stock Exchange of India Ltd.

2. The petition is opposed by the Respondent inter alia on the ground that after the declaration of the award, the parties entered into a deed of settlement, under which the Petitioner herein, along with others, agreed to pay Rs.46,25,657.56 in full and final settlement of the award and the Respondent accepted this payment in full and final settlement of all its claims whatsoever, including its debit balance outstanding in UCC No.ZAN0001, which was the subject matter of the arbitration reference. Both parties agreed that no further claims, disputes, actions, by whatever name called, by and between the parties shall lie and the parties would unconditionally and immediately withdraw each and every claim against each other; such claims included, in terms, the present arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.

3. There is no dispute between the parties that the deed of settlement produced by













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