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2023 Supreme(Bom) 129

MANISH PITALE
Deepti Prakash Ghate – Appellant
Versus
NKGSB Co. Op. Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vishal Pattabiraman, Mittal Munoth.
For the Respondent: Joel Carlos.

JUDGMENT :

MANISH PITALE, J.

1. Heard learned counsel for the parties. Admit. Heard finally with the consent of the learned counsel for the parties.

2. By this petition, the petitioner has challenged award dated 19.9.2019, passed by a sole arbitrator in pursuance of statutory arbitration undertaken as per Section 84 of the Multi-State Cooperative Societies Act, 2002 (hereinafter referred to as the Act of 2002). By the impugned award, the petitioner alongwith others has been jointly and severally held liable to pay a specific amount alongwith interest to the respondent-Bank.

3. The brief facts leading up to filing of the present petition are that according to the respondent-Bank, the principal borrower i.e. M/s. Erica Healthcare Pvt. Ltd. was advanced loan and cash credit facility, to which the petitioner alongwith others was a guarantor. It was the case of the respondent-Bank that a Deed of Guarantee was also executed in that context. There was default in repayment of loan and this led to disputes between the respondent-Bank and the principal borrower, pursuant to which arbitration proceedings were initiated under Section 84 of the Act of 2002.

4. In the said proceedings, the petitioner

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