IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 438 OF 1997.

Messrs. Chhabriya Cloth Stores, Manmad ] …Appellant.

Versus Messrs. Kamal Synthetics, Bombay – 400 002. ] ...Respondent.

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Ms. Rukmini Khairnar i/b Mr. P. N. Joshi for Appellant.

None for Respondent.

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Coram : Sharmila U. Deshmukh, J.

Reserved on : 18^th February, 2025 Pronounced on : 21^st February, 2025.

Judgment :

1. The First Appeal filed under Section 39(1) (iv) of the Arbitration Act, 1940 [for short, “the Arbitration Act”] challenges the impugned judgment dated 25^th August, 1995 passed by the Bombay City Civil Court in Arbitration Petition No. 81 of 1995, dismissing the objection to the Award and making the Arbitration Award rule of the Court under Section 17 of Arbitration Act.

2. Award No. 168 of 1994 was passed in favor of Respondent for sum of Rs 35,770.10/-, which was filed in the Court under Section 14 of Arbitration Act. The Appellant challenged the Award by filing Arbitration Petition No. 81 of 1995 under Section 30 and Section 33 of Arbitration Act, which was dismissed and Award was made rule of the Court, which is impugned in the present Appeal.

3. The dispute arose be