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2026 Supreme(Guj) 7

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, C.J., D.N.RAY
Darshana Bhupendra Parekh – Appellant
Versus
TJSB Sahakari Co-Operative Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant : Manmeetsingh P., Mr. Helik S. Soni, Ms. Krutika K. Bhatt.

JUDGMENT :

SUNITA AGARWAL, C.J.

1. This is an appeal filed under Section 37 of the Arbitration and Conciliation Act’ 1996 (for short, “the Arbitration Act’ 1996” or “the Act’ 1996”).

2. Having heard the learned counsel for the appellant and perused the record, it is noteworthy that the appellant herein was party to the arbitral award rendered on 07.10.2021 in Arbitration Claim Petition No.2 of 2021. A perusal of the arbitral award indicates that the liability, jointly and severally for the outstanding loan was fixed upon the appellant as well as other opposite party, who happens to be the brothers of the appellant on the claim petition filed by the respondent – bank.

3. The application under Section-34 of the Arbitration and Conciliation Act’ 1996 has been filed on 20.01.2026 by the appellant herein, to challenge the award dated 07.01.2021, which was dismissed with the reasoning as follows:-

“4. After going through the submission made by Learned Advocate for the applicant, it is clearly stated that the applicant for the first time, came to know from the proceedings of Commercial Execution Petition No.426 of 2023 arising out of the impugned Award, that there is Award against her. At th

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