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2023 Supreme(Bom) 2240

NITIN JAMDAR, BHARATI DANGRE, SANDEEP V. MARNE
Magnum Opus It Consulting Pvt. Ltd – Appellant
Versus
Artcad Systems – Respondent


Advocates appeared:
Siddharth A.Mehta, Advocate, Pushkara A.Bhonsle, Advocate, Alankar Kirpekar, Advocate, Sagar Kasar, Advocate, Shekhar Bhagat, Advocate, Ayush Tiwari, Advocate, Rajas Panandikar, Advocate, Chaitali Bhogle, Advocate, Vivekanand V.Krishnan, Advocate

JUDGMENT/ORDER

NITIN JAMDAR, J. - By order dtd. 11/4/2023 in this Writ Petition, the learned Single Judge (Sarang V. Kotwal, J.) directed the Registry to place the matter before the learned Chief Justice to consider constituting a Larger Bench to decide the issue formulated in the said order. Accordingly, the matter is placed before this Full Bench.

2. The issue formulated by the learned Single Judge is as follows:-

"Whether the Single Judge's powers to finally dispose of applications under Article 226 or 227 as provided under Rule 18 of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960, are applicable to the specific Acts mentioned under sub-Rule 6 to 46 of the said Rule in relation to judicial or quasi-judicial orders or these powers extend to any judicial or quasijudicial orders under any statute that is not mentioned under sub-Rule 6 to 46 of the said Rule."

3. In this Writ Petition the Petitioner has challenged the order passed by the Arbitrator in Arbitration Petition No. 169 of 2016. The Petition is filed under Article 227 of the Constitution of India, which involves provisions of the Micro, Small and Medium Enterprise Development Act, 2006 and Arbitration and Co

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