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2021 Supreme(Bom) 1035

R.D.DHANUKA, V.G.BISHT
Mahendra Devilal Jain – Appellant
Versus
National (india) Contractors And Engineers – Respondent


Advocates appeared:
Mr. Naushad Engineer A/W. Mr. Hasmit Trivedi, Mr. Naresh Chheda and Ms.Sakina Electricwala I/B, M/S. Tauris Legal, for the Appellant / Dr. Abhinav Chandrachud A/W. Mr. Mukesh Pabari, for the Respondent.

JUDGMENT

R.D. Dhanuka, J. - By these Appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, "The Arbitration Act'), the appellants (original petitioners) have impugned the order passed by the learned Single Judge dismissing the Arbitration Petitions filed by the appellants under Section 9 of the Arbitration Act on the ground of jurisdiction.

2. By consent of parties, this batch of Appeals were heard together and are being disposed of by a common order. The parties have addressed this Court in Commercial Appeal (L) No. 666 of 2021 as a lead matter and have agreed that the other matters being identical to Commercial Appeal (L) No. 666 of 2021, the decision of this Court in the said Commercial Appeal (L) No. 666 of 2021 would apply to the other connected matters. Some of the relevant facts in the said Commercial Appeal (L) No. 666 of 2021 are as under :

3. The appellant was a tenant of respondent No.l in respect of Shop No. 8 (old shop/ tenanted premises) in the old building known as Mantri Chawl situated at City Survey No. 1138 of Mahim Division admeasuring about 4136 sq. meters. Respondent Nos. 2 and 3 are the partners of respondent No.l. The entire

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