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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
PRAVIN S.PATIL
Rajlaxmi Multistate Credit Cooperative Society Ltd. – Appellant
Versus
Ashwini Anand Anchatwar – Respondent
| Table of Content |
|---|
| 1. appeal under s37 against s34 quashing order. (Para 1 , 2) |
| 2. limited judicial interference with arbitral awards under s34. (Para 3 , 4 , 12 , 17 , 18) |
| 3. s84 loan recovery dispute against borrowers and guarantors. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. s34 grounds: patent illegality or beyond arbitration scope. (Para 13 , 14 , 15 , 16 , 19 , 20) |
| 5. s84 applies only to multi-state society members. (Para 21 , 22 , 23 , 24) |
| 6. no evidence proves respondents' society membership. (Para 25 , 26 , 27 , 28) |
| 7. membership requires proof beyond ledger entries. (Para 29) |
| 8. guarantor precedent inapplicable; membership proof mandatory. (Para 30) |
| 9. jurisdictional error by arbitrator is patent illegality. (Para 31 , 32 , 33) |
JUDGMENT :
PRAVIN S. PATIL, J.
1. Heard. Rule. Rule made returnable forthwith. By consent of Mr.Saurav P. Rajurkar, counsel for appellant and Mr R.R. Deo, learned counsel for respondent Nos. 1 and 2, the application is taken up for final hearing at the stage of admission.
2. This appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996, by the Appellant/Multistate Credit Co-operative Society Limited to challenge the judgment and order passed by P
Arbitral award liable to be set aside under Section 34 for patent illegality where arbitrator assumes jurisdiction under Section 84 of Multi-State Cooperative Societies Act without proof of borrowers....
Statutory arbitration under the Multi-State Cooperative Societies Act governs disputes between cooperatives and members, with a 6-year limitation period applying, overriding general limitation laws.
The court affirmed that statutory arbitration procedures were followed, and the appellants could not challenge the arbitrator's appointment after agreeing to arbitration in the loan agreement.
The court reaffirmed that under Section 34 of the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, focusing on procedural compliance and th....
The court reaffirmed the limited scope of judicial review of arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, emphasizing that courts cannot reappraise evidence or in....
(1) While exercising power under Section 34 of A & C Act, arbitral award can only be confirmed or set aside, but not modified.(2) Award passed by Arbitral Tribunal cannot be set aside on the ground t....
The Arbitrator's jurisdiction under the Kerala Cooperative Societies Act is not limited to express powers, allowing for broader application of authority to ensure justice.
The court established that challenges to an arbitrator's jurisdiction under Section 16 can only be raised after a final award, not as an interim appeal.
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