SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(Bom) 3035

HIGH COURT OF BOMBAY
MANISH PITALE, J
Ramchandra Udaysinh Jadhavrao – Appellant
Versus
Girishnavnathrao Avhad and another – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Prathamesh Bhargude, Mr. Sharad Dhore, Mr. Sumit Sonare
For the Respondents: Mr. Dormaan J. Dalal, Ms. Kritika Sethi

Table of Content
1. context of appeal and parties involved. (Para 1 , 4 , 5 , 6)
2. arguments on jurisdiction under section 34. (Para 2 , 12 , 13 , 14)
3. court's finding on termination of arbitration. (Para 7 , 8 , 17 , 21)
4. grounds for the district court's order. (Para 9 , 10)
5. reference to relevant case law. (Para 18 , 19 , 20)
6. distinction between awards and orders. (Para 22 , 23 , 24 , 25)
7. legal interpretation of section 32. (Para 26 , 27 , 28 , 29 , 30)
8. legal precedents on arbitral awards. (Para 31 , 32 , 33 , 34)

ORDER :

. The present appeal raises a question as regards remedy available to the appellant herein, in respect of an order dated 09.01.2014 passed by a sole arbitrator, for the reason that by the impugned judgement and order, the District Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 , by the appellant was not maintainable. Since the District Court rendered a finding that the application under Section 34 of the said Act itself was not maintainable, there was no discussion on the correctness or otherwise of the order passed by the arbitrator.

2. The learned counsel for the parties have made submissions wi

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top