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2023 Supreme(Bom) 628

G. S. KULKARNI
Panama Builders & Developers Pvt. Ltd. – Appellant
Versus
Nutan Kalpana Co-op. Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Gulnar Mistry a/w. Mr. Guru Shanmugam i/b M&M Legal Ventures
For the Respondent:Mr. Atul Daga for Respondent.

JUDGMENT :

The judgment has been divided into the following parts:

 

Particulars

A

Petitioner’s case.

B

Respondent – Society’s Reply

C

Submissions on behalf of the Petitioner

D

Submissions on behalf of the Respondent.

E

Analysis and Conclusion.

1. This petition filed under Section 37 of the Arbitration and Conciliation Act, 1996, (for short 'the Act'), challenges an order dated 28 November, 2014 passed by the learned Sole Arbitrator (for short, 'the arbitral tribunal'), whereby an application filed by the respondent-Nutan Kalpana Cooperative Housing Society Ltd., (for short, 'Society'), under Section 16 of the Act, stands allowed, consequence being that the arbitration proceedings as initiated by the petitioner stand terminated/dismissed.

(A) Petitioner’s case

2. The relevant facts are:- The society was contemplating redevelopment of its structures/ chawls sometime in the year 2000. On 30 July, 2000, the society held its 40th Annual General Meeting (for short, 'AGM' ), in which a unanimous resolution was passed to take steps to redevelop/ constr

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