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R.D.DHANUKA
Liberty Garden CHS Ltd, Mumbai – Appellant
Versus
K T Group, Mumbai – Respondent
| Table of Content |
|---|
| 1. factual background of the agreement (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. events leading to arbitration and initial claims (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. claims and counterclaims in the arbitration process (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. court observations on arbitration award (Para 30 , 31 , 32 , 34 , 36 , 37 , 38 , 39) |
| 5. final conclusions on petitions and orders (Para 70 , 72 , 74 , 76 , 78 , 98) |
JUDGMENT :
R D DHANUKA, J.
1. By consent of parties both the Arbitration Petitions and the Notice of Motion were heard together and are being disposed of by a common judgment. By these two arbitration petitions, both the parties have challenged part of the Arbitral Award rendered by the learned arbitrator filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as "Arbitration Act" for short), Notice of Motion No. 1586 of 2019 is filed by the members of Liberty Garden Co-operative Housing Society Limited inter-alia praying for stay of the impugned award in respect of findings and directions in paragraph nos. 98, 102, 104, 108, 109, 111, 113 and 124 of the award. The applicant also seeks a
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