Ivory Properties & Hotels Private Limited vs Vasantben Ramniklal Bhuta Since Deceased Through Legal Heirs

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2024 Supreme(Bom) 496

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Ivory Properties & Hotels Private Limited – Appellant
Versus
Vasantben Ramniklal Bhuta Since Deceased Through Legal Heirs – Respondent

Advocates appeared:
Mr. Rohit Kapadia, Senior Advocate a/w. Yash Kapadia, Hemlata Jain, Kaiwan Kalyaniwalla, Sanidhaa Vedpathak, Nijam-S-Sher S. Sani, Pooja Shah and Nirav Barot i/b Maneksha & Sethna, Advocates for Appellant in both Appeals-COMAP-90-2020 and COMAP-91-2020; Mr. Shailesh Shah, Senior Advocate a/w. Dibyajyoti Banerji, Aditya Udeshi, Netaji Gawade and Nayan Bhalekar i/b M/s. Sanjay Udeshi & Co., Advocates for Respondent Nos.1(a) to 1(d) in COMAP-90-2020 and for Respondent Nos.2(a) to 2(d) in COMAP-91-2020; Mr. T.N. Subramaniam, Senior Advocate a/w. Rubin Vakil, Nupur Desai i/b M/s. Markand Gandhi & Co., Advocates for Respondent No.2 in COMAP-90-2020 and for Respondent No.1 in COMAP-91-2020.

JUDGMENT

Somasekhar Sundaresan, J. -

Introduction:

1. This judgement disposes of two separate and concurrent Commercial Appeals (90 of 2020 and 91 of 2020), which essentially flow from the same source - an arbitral award dated 14th February, 2017 ('Arbitral Award'). The Arbitral Award came to be set aside by a Learned Single Judge of this Court vide a common judgement dated 28th January, 2020 ('Impugned Judgement'). The Impugned Judgement had disposed of Commercial Arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act').

2. The Appellant in these appeals viz. Ivory Properties & Hotels Private Limited (for convenience, termed as the 'Appellant' throughout this judgement) was Respondent No. 1 in both the arbitration petitions before the Learned Single Judge.

3. Each of the Respondents in these appeals viz. Ms. Bhanumati Jaisukhbhai Bhuta and Ms.Vasantben Ramniklal Bhuta (for convenience, collectively termed as 'Respondents' throughout this judgement) was the Petitioner and the second Respondent respectively in the arbitration petitions before the Learned Single Judge. The former was the Petitioner in Commercial Arbitration Petition No. 350 of 2017

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2024 Supreme(Bom) 496

B. P. COLABAWALLA, SOMASEKHAR SUNDARESANIvory Properties & Hotels Private Limited – AppellantVersusVasantben Ramniklal Bhuta Since Deceased Through Legal Heirs – Respondent

Cases Referred (1)

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Ivory Properties & Hotels Private Limited – Appellant
Versus
Vasantben Ramniklal Bhuta Since Deceased Through Legal Heirs – Respondent