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2023 Supreme(Bom) 166

K. R. SHRIRAM, RAJESH S. PATIL
Palmview Investments Overseas Limited – Appellant
Versus
Ravi Arya – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kevic Setalvad, Vijay K. Singh, Vinay J. Bhanushali, Abhiraj Rao, Shreya Arur, Sanmit Vaze, Jehan Lalkaka.
For the Respondents: Haresh Jagtiani, Suprabh Jain, Pushpvijay Kanoji, Jahnavi Vora, Mohd Shariq, Sharan Jagtiani, Priyank Kapadia, Apurva Manwani, Yakshay Chheda, Sameer Bindra, Chandni Dewani.

JUDGMENT :

K.R. SHRIRAM, J.

1. This appeal has been filed under Section 37 of the Arbitration and Conciliation Act 1996 (the Arbitration Act), impugning an order dated 1st November 2022 passed by a Learned Single Judge of this court in an arbitration petition filed under Section 34 of the Arbitration Act. The Learned Single Judge set aside the award dated 16th June 2022 passed by the Arbitral Tribunal in international commercial arbitration proceedings on separate applications filed by respondent nos. 1 and 2 and respondent nos. 3 and 5 under Section 31(6) read with Section 32 of the Arbitration Act that the person who signed the notice invoking arbitration and signed the statement of claim on behalf of Claimant, i.e. appellant herein had no valid authority to do so, nevertheless granted liberty to cure the defect.

2. The facts in brief are as under:

    Respondent no. 6-Arya Iron and Steel Co. Pvt. Ltd. is a company registered in Mumbai under the provisions of Companies Act 1956. Appellant and other respondents are shareholders of respondent no. 6. Respondent no. 6 is, inter-alia, engaged in the business of manufacturing and selling of iron and steel products.

3. Appellant is a company inc

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