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2018 Supreme(Cal) 138

SANJIB BANERJEE, ABHIJIT GANGOPADHYAY
Ranjiv Kumar – Appellant
Versus
Sanjiv Kumar – Respondent


Advocates Appeared:
For the Appellants : Mr. Jishnu Saha, Mr. Ishan Saha, Mr. Kaushik Pradhan
For the Respondents: Mr. Ratnanko Banerji, Mr. Rohit Mukherji, Mr. Sreyas Santra

JUDGMENT :

Sanjib Banerjee, J.

The legal question that has arisen herein is whether the rejection by the arbitrator of an objection as to the admissibility into evidence of the key document which is the subject-matter of the dispute between the parties would amount to an interim award capable of being challenged under Section 34 of the Arbitration and Conciliation Act, 1996.

2. The arbitral reference in this case was pursuant to an order of the Chief Justice or his designate on a request by the respondents under Section 11 of the Act. The arbitration agreement is contained in the very document under which, inter alia, the rights in respect of one or more immovable properties are sought to be transferred or settled in favour of the parties. The appellants had due notice of the request under Section 11 of the Act carried to the Chief Justice of this court or his designate and chose not to participate in such proceedings. Upon the arbitral reference commencing, the appellants herein objected to the primary document, which also contained the arbitration agreement, being tendered into evidence. Since the relevant document was tendered with the affidavit of evidence of the first witness cal































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