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2025 Supreme(Online)(Bom) 1580

BOMBAY HIGH COURT
ALOK ARADHE, CJ, M.S. Karnik, J
Urban Infrastructure Real Estate Fund – Appellant
Versus
Neelkanth Realty Private Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Fredun Devitre, Mr. Aditya Bapat, Mr. Siddharth Joshi, Mr. Hamd Bhati
For the Respondents: Mr. Venkatesh Dhond, Ms. Gulnar Mistry, Mr. Akshay Petkar

Table of Content
1. claims of appellant were based on breached agreements. (Para 2 , 3 , 4)
2. requirement for judicial review in determining claims through evidence. (Para 15 , 19)
3. the award was interfered with due to failure in adopting judicial approach. (Para 24 , 25)

JUDGMENT [PER : CHIEF JUSTICE]

These appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 (1996 Act) emanate from a common order dated 4th December 2019 passed by the learned Single Judge in three petitions filed under Section 34 of the 1996 Act. The learned Single Judge, by impugned order has modified the interim award dated 27th August 2019 passed by the Arbitrator to the extent that finding recorded by the Arbitrator on the basis of demurrer on issue No.1 viz. whether claims of the appellant are within limitation would not foreclose the issue and would not preclude the Arbitrator from examining the issue of limitation on the basis of material on record if tendered and if so warranted. In order to appreciate the challenge of the appellant to the impugned order, relevant facts need mention, which are stated infra.

(A) FACTS:

2. The appellant is a private equity fund incorporated as a public

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