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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
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 judgment.
2. Considering that submissions canvassed were confined to legal submissions and did not assail the findings of fact and rightly so in view of the restrictive scope of Section 34 of Arbitration and Conciliation Act, 1996, this Court has not referred to the facts of the case. Suffice for our purpose is to state that by reason of default in repayment of financial assistance availed by the Petitioners, the Respondent Bank had invoked the provisions of Section 84 of Multi- State
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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