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R. I. CHAGLA
Upendra Kantilal Thanawala – Appellant
Versus
Shreeram Builders – Respondent
| Table of Content |
|---|
| 1. factual context regarding the agreements and property interests. (Para 1 , 4 , 5 , 14) |
| 2. observations on misinterpretations affecting the award. (Para 3 , 42 , 93 , 97) |
| 3. arguments in favor of the appellants regarding contractual terms. (Para 31 , 36 , 41) |
| 4. court's findings on jurisdiction and applicable law. (Para 57 , 66 , 70 , 73) |
| 5. conclusion on the appropriate resolution of the appeal. (Para 108 , 112) |
JUDGMENT :
1. By Arbitration Appeal (St.) No.93127 of 2020, the Appellants have challenged the impugned judgment and order dated 25th January, 2020 passed by the learned District Judge, Thane in Civil Miscellaneous Application (Arbitration) No.35 of 2012 (for short CMA No.35 of 2012), whereas in the Arbitration Appeal (St.) No.5662 of 2020, there is challenge to the impugned judgment and order dated 25th January, 2020 in so far as it dismisses Civil Miscellaneous Application (Arbitration) No.76 of 2013 (for short CMA No.76 of 2013) against the same arbitral Award passed by the Majority Arbitral Tribunal dated 10th December, 2011. Both the CMA No.35 of 2012 and CMA No.76 of 2013 were clubbed together and decided by the impugned judgment and order dated 25th Janu
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