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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
A. Navinchandra Steel Private Limited – Appellant
Versus
Board of Directors of the Abhyudaya Co-Op. Bank Limited – Respondent
| Table of Content |
|---|
| 1. awards challenged under arbitration act section 34. (Para 1 , 2 , 3) |
| 2. rdb and sarfaesi prevail over mscs for recovery. (Para 4 , 5 , 6 , 7) |
| 3. mscs covers disputes touching co-operative business. (Para 8 , 9 , 10) |
| 4. rdb permits mscs option for multi-state co-ops. (Para 11 , 12 , 13) |
| 5. section 84 non-obstante; arbitrator rules jurisdiction. (Para 14 , 15) |
| 6. sarfaesi compatible with mscs proceedings. (Para 16 , 17) |
| 7. petitions dismissed; awards upheld. (Para 18 , 19) |
JUDGMENT :
SHARMILA U.DESHMUKH, J.
1. Both the Petitions filed under Section 34 of the ARBITRATION AND CONCILIATION ACT , 1996 (for short, “the Arbitration Act”) challenges the Award passed by the learned Arbitrator appointed under Section 84 of the Multi-State Co-operative Societies Act, 2002 (for short, “the MSCS Act”). Commercial Arbitration Petition No 200 of 2025 challenges the Award dated 3rd July, 2023 passed in Arbitration Case No ARB/ACB/VNL/2063 of 2021 and Commercial Arbitration Petition No 742 of 2025 challenges the Award dated 5th December, 2022 passed in Arbitration Case No ARB/ACB/VNL/2055 of 2021. Common submissions were canvassed and both the Petitions are being disposed of by this common
Multi-state co-operative banks have statutory option under RDB Act to use MSCS Act arbitration for debt recovery from members; SARFAESI enforcement proceedings do not oust it; arbitrator competent to....
The main legal point established in the judgment is that the claims of banks and financial institutions under the RDDB Act are non-arbitrable, and the disputes regarding determination of debt due fel....
The main legal point established in the judgment is the jurisdictional limitations of the authority under the U.P. Co-operative Societies Act, 1965 and the availability of statutory alternative remed....
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.
Decisions under the old Multi-State Co-operative Societies Act continue to be enforceable under the new legislation, establishing legislative continuity in dispute resolution.
The jurisdiction of cooperative banks under debt recovery laws remains ambiguous, necessitating authoritative clarification on their status within the Recovery of Debts Due to Banks and Financial Ins....
Disputes covered by special laws, creating special rights to be adjudicated and enforced by special forums, are non-arbitrable.
The main legal point established in the judgment is that the provisions of the Arbitration and Conciliation Act, 1996, including the disclosure requirements, apply to arbitration proceedings under sp....
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