HIGH COURT OF BOMBAY
MANISH PITALE, J
Ramchandra Udaysinh Jadhavrao – Appellant
Versus
Girishnavnathrao Avhad and another – Respondent
| 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.