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2022 Supreme(Bom) 78

MANISH PITALE
Auduth Timblo, son of Late Shri Modu Timblo – Appellant
Versus
Ravi Kant Jaipuria – Respondent


Advocate Appeared:
For the Appellant :Mr. Rafique Dada, Senior Advocate with Mr. Sudesh Usgaonkar and Ms. Marie Rosette Pereira, Advocates
For the Respondent:Mr. H. L. Tikku, Senior Advocate with Mr. R. Agrawal, Mr. C. A. Coutinho and Mr. Ivan Santimano, Advocates

JUDGMENT :

1. Heard finally with the consent of the learned Counsel appearing for the parties.

2. Admit. Mr. Santimano, learned Counsel, waives notice on behalf of Respondent nos. 1 to 4.

3. By this Appeal, the Appellants have challenged Judgment and Order dated 19.11.2018, passed by the Court of District Judge-I South Goa, (herein after referred to as the District Court), whereby an application filed by the Appellants under Section 34 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as 'the said Act') for setting aside of arbitral award was only partly allowed and rejection of claim of no.1 in the arbitral award was confirmed. Although the Appeal and the documents filed therewith, as also the reply filed on behalf of the Respondents are voluminous, only one point really arises for consideration in the present Appeal.

4. The facts in brief leading up to filing of the present Appeal are that, the Appellants and Respondent no.5 entered into a Share Purchase Agreement (herein after referred to as the 'SPA') with Respondent nos. 1 to 4, pertaining to share holdings of Goa Bottling Company Limited. The Appellants alongwith Respondent no.5 were the sellers while Respon

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