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2021 Supreme(Bom) 57

R.D.DHANUKA, V.G.BISHT
Anil V. Madgavkar – Appellant
Versus
IFIN Commodities Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Ashwin Shanker a/w Mr. Bimal Rajashekhar and Mr. Rishi Murarka, Advocates
For the Respondent:Mr. Charles Desouza a/w Ms. Jyoti Sanap i/by M/s. V. Deshpande and Co., Advocates

JUDGMENT :

R. D. Dhanuka, J.

By these Appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, the appellants have impugned the judgment delivered by the learned Single Judge dismissing the Arbitration Petitions filed by each of these Appellants under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Arbitration Act’) . By consent of parties, all these appeals were heard finally at the admission stage. The parties have addressed this Court in the lead matter i.e. Appeal No. 8 of 2021 and have stated that the view that would be taken by this Court in the said lead matter would also apply to the other matters in this batch of appeals. Some of the relevant facts for the purpose of deciding these appeal are as under :-

Facts and submissions in Appeal No. 8 of 2021 :-

2. The appellant was the original claimant in the arbitral proceedings and was the original petitioner before the learned Single Judge. It was the case of the appellant that on 8th March, 2011, the appellant and the respondent no.1 entered into an agreement in respect of investment of Rs.50,00,000/- to be made by the appellant. The appellant issued a cheque for the said amount in the

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