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2020 Supreme(Bom) 130

R.D.DHANUKA
Liberty Garden CHS Ltd, Mumbai – Appellant
Versus
K T Group, Mumbai – Respondent


Advocates:
Advocate Appeared:
R.C. Nichani, Advocate, Sunita M Poddar, Advocate, V.K. Khandare, Advocate, Geeta Bhoir, Advocate, Aseem Naphade, Advocate, Tushar Gujjar, Advocate, Deepak Singh, Advocate, Darshil Shah, Advocate

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 an order and directions against the respondent to handover possession of the property and structure standing on the suit plot to the private receiver and/or the petitioner in compliance with paragraph no. 109 of the impugned award as further amended on 11th February, 2009. M/s. K.T. Group has also challenged the order dated 14th February, 2010 passed by the learned arbitrator under Section 33 of the Arbitration Act in the Arbitration Petition in 802 of 2019. Some of

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