Appeal against dismissal of application to set aside arbitration award declaring appellants as defaulters. Court disposed of appeals granting liberty to apply for vacant post after disqualification period expires.
Liberty to apply for vacant post of Director after one year from April 11, 2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION APPEAL NO. 32 OF 2012
Arunkumar Shantilal Munot … Appellant Versus Lalit Kumar Javerilal Modi & Anr. … Respondents
Versus Lalit Kumar Javerilal Modi & Anr. … Respondents WITH ARBITRATION APPEAL NO. 33 OF 2012 Shivnath Raghoji Kadbhane … Appellant Versus Lalit Kumar Javerilal Modi & Anr. … Respondents
Mr. Amit B. Borkar for the Appellants.
Mr. K.Y. Mandlik i/by Mr. S.R. Waghmare for respondent No.1 .
Mr. P.N. Joshi for respondent no. 2.
CORAM : R.D. DHANUKA,J. DATED : MARCH 19, 2013
P.C.
By these appeals filed under section 37, the appellants seek to challenge the order dated 11th April, 2012 passed by the Principal District Judge Nashik dismissing the application filed under section 34 of the Arbitration Act, 1996 by the appellant. By the said application, the appellants had challenged the impugned award dated 13th March, 2012 declaring that the appellants were defaulters of the Cooperative Societies and had incurred disqualification under section 43 of the Multi-State Cooperative Societies Act, 2002 to be a member of
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the Managing Committee of the Bank. By order dated 11th April, 2012 the learned Principal District Judge, Nashik dismissed the said applications under section 34 of the Arbitration & Conciliation Act, 1996. It was however, made clear that the disqualification of the appellants shall be subject to proviso to sub section 43(1) (g) of the Multi-State Cooperative Societies Act, 2002. The learned counsel appearing for the parties invited my attention to sub section 43(1)(g) and proviso thereof which indicates that the member of the board who has ceased to hold the office as such shall not be eligible, for a period of one year, from the date on which he ceased to hold office, for re-election as a member of the Board of the Multi-State Cooperative society of which he was member or for election to the board of any other multi-state cooperative society.
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entitled to apply for such posts falling vacant and if they apply for such posts, the same shall be considered in accordance with the law and on its own merits without being influenced by the observations made by the learned Arbitrator as well as by the learned Principal District Judge, Nashik.
In view of the disposal of the appeals, Civil Application No. 27 of 2012 also stands disposed of.
1 issue framed by the court
Whether to allow appeals challenging the setting aside of an arbitration award regarding member disqualification.
3 provisions across 3 enactments
Arunkumar Shantilal Munot
Shivnath Raghoji Kadbhane
Lalit Kumar Javerilal Modi
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
