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R.D.DHANUKA
Abhyudaya Co-operative Bank Ltd. – Appellant
Versus
Rainproof Exports Pvt. Ltd. A Private Limited Company Incorporated – Respondent


Counsel for the Parties:
For the Petitioner:Mr.Vishal Ghosalkar, i/b. Merlyn Monteiro, Advocates.
For Respondent Nos. 4 and 5:Mr.Sanjay Jain, i/b. Ms.Manjiri Parasnis, Advocates.

JUDGMENT (ORAL)

R.D. Dhanuka, J.—By consent of parties as the facts and the issues involved in all the above three matters are identical were heard together finally and are being disposed of by a common order.

2. By these petitions filed under section 37 of the Arbitration and Conciliation Act, 1996 (for short ‘Arbitration Act, 1996’) the petitioner seeks to challenge orders dated 9th May, 2011 allowing application filed by the respondents under section 16 of the Arbitration Act, 1996 and directing the petitioner to withdraw the proceedings filed by the petitioner under section 84 of the Multi State Co-operative Societies Act, 2002 (for short ‘Multi State Act’) and for referring them to the Divisional Joint Registrar Co-operative Societies, Bombay.

3. I shall deal with the facts in Arbitration Petition No. 935 of 2012. Some of the relevant facts for the purpose of deciding these petitions are setout as under:-

4. The petitioner was originally registered under the Maharashtra Cooperative Societies Act, 1960 and is carrying on banking business inter-alia of accepting of deposits and lending of monies to their members by way of loans, cash credit etc. as per banking rules and regulations


































































































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