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2025 Supreme(Online)(Bom) 1709

HIGH COURT OF BOMBAY
SMT. M.S. JAWALKAR, J
THE AMRAVATI DISTRICT CENTRAL CO-OPERATIVE BANK LTD. AMRAVATI THR. ITS C.E.O. – Appellant
Versus
M/S PRONETSOFT SOLUTIONS PVT. LTD. 105 KALINGA ARCADE NAGPUR – Respondent


Advocates:
Shri V.A. Kothale, Advocate for petitioner through V.C. Shri Y.B. Sharma, Advocate for respondent.

JUDGMENT

Heard learned counsel for the petitioner and learned counsel for the respondent.

2] Being aggrieved and dissatisfied by the impugned order dated 22.08.2023 passed below Exh. 7 and order dated 25.01.2024 passed below Exh. 20 in Arbitration Regular Darkhast No.160/2023 by learned 8th Joint Civil Judge, Senior Division, Amravati, the present petition is filed.

3. The facts of the case in brief are as under:-

The petitioner is body corporate, registered under Maharashtra Co-operative Societies Act, 1960 and respondent obtained arbitration award against petitioner Bank on 18.01.2010 for making recovery of Rs.8,19,900/- along with 12% interest per annum from 18.01.2010 and filed execution proceeding arising out of arbitration award vide Arbitration Regular Darkhast No. 160/2023 before learned 8th Joint Civil Judge, Senior Division, Amravati.

4. The Petitioner [J.D.] had filed objection regarding tenability vide Exh. 7, whereby issue of authenticity of Director of respondent Company as per latest position shown by company registrar was demanded and second objection regarding limitation of 12 years for execution of award was raised by considering starting point of limitation of 12 year

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