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2019 Supreme(Bom) 1706

UJJAL BHUYAN
Bhavik Bhimjiyani – Appellant
Versus
Urban Infrastructure Real Estate Fund – Respondent


Advocate Appeared:
For the Petitioners:Ravi Kadam, Senior Advocate a/w. Prateek Seksaria, Saket Mone, Subit Chakraborti, Kinjal Bhatt i/b. Vidhii Partners, Prateek Seksaria a/w. Gulnar Mistry, S. Chakraborti, Kinjal Bhatt i/b. Vidhii Partners, Mahendra Ghelani i/b. Law Charter, Advocates.
For the Respondents:Shyam Mehta, Senior Advocate a/w. Zal Andhyarujina, Aditya Bapat & Mumtaz B. i/b. Junnarkar & Asso., Advocates.

JUDGMENT :

1. This order will dispose of all the three commercial arbitration petitions.

2. Heard Mr. Kadam, learned Senior Counsel for the petitioner in Commercial Arbitration Petition No.1260 of 2019; Mr. Seksaria, learned Counsel for the petitioner in Commercial Arbitration Petition No.1312 of 2019; Mr. Ghelani, learned counsel for the petitioner in Commercial Arbitration Petition No.1278 of 2019; and Mr. Mehta, learned Senior counsel for respondent No.1 in all the petitions.

3. Since all the three petitions assail the legality and correctness of the common impugned interim award dated 27.08.2019 passed by the learned Arbitrator, those were heard together on 03.12.2019 at the admission stage itself and are being disposed of by this common order.

4. The three arbitration petitions have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration and Conciliation Act hereinafter) contending that the interim award passed by the learned Arbitrator is in conflict with the public policy of India inasmuch as it is in contravention with the fundamental policy of Indian Law.

5. Respondent No.1 as the claimant has instituted arbitration proceeding against the petition

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