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2023 Supreme(Guj) 423

ASHUTOSH SHASTRI, NISHA M. THAKORE
Atul Pravinchandra Shah – Appellant
Versus
Pareshkumar Vasantlal Shah – Respondent


Advocates Appeared:
For the Appellant : Mr. Tarak Damani.
For the Defendant : Anshul N. Shah.

ORDER :

Nisha M. Thakore, J.

1. This appeal is directed against the impugned judgment and order dated 7.2.2017 passed by the learned 7th Additional District Judge, Vadodara in Civil Miscellaneous Application No.96 of 2015 under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”), whereby, learned Additional District Judge has dismissed the application filed by the present appellant under Section 34 of the Act challenging the preliminary award passed by the learned Arbitral Tribunal (Coram: Hon’ble Mr. Justice C.K. Thakker, Retired) dated 30.11.2013.

2. The case of the appellant in short as reproduced in the memo of appeal is summarized as under:

2.1. The father of the present appellant viz. Shri Pravinchandra Shah and father of the respondent no.1 late Shri Vasantlal and mother of respondent no.2 late Smt. Chandrakantaben were real brothers and sister. The parties are thus first cousins.

2.2. In the year 1981, the aforesaid parties have started with a partnership firm in the name of Unik Industries wherein originally four partners were engaged viz. (1) Shri Kiritkumar C Shah (Respondent no.2) (2) Shri Chetanbhai V. Shah, (3) Shri Atulbhai P. S

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