In arbitration petition 1454 of 2014, the High Court of Bombay at Bombay set aside an impugned award. The parties consented to have the original arbitrator reconsider the case and render a fresh award.
The impugned award dated 16th June, 2014 is set aside; parties to file fresh proceedings before the learned Arbitrator.
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.
9-arbp-1454-2014.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 1454 OF 2014
Gunapal J. Shetty
...Petitioner
vs. Mahindra & Mahindra Financial Services Limited ...Respondent
Mr. Sunil Chaubal, for the Petitioner.
Mr. Chinmay Gupte i/b. Priyo Crasto, for the Respondent.
CORAM : R.D. DHANUKA, J.
DATED: APRIL 29, 2015
P.C. :
a) The impugned award dated 16th June, 2014 rendered by the
learned Arbitrator annexed at Exhibit 'H' is set aside.
b) The parties have no objection if the learned Arbitrator who
has rendered the said award decides and render a fresh award in accordance with law.
2] The Petitioner undertakes to file a written statement before
the learned Arbitrator within four weeks from today and serve a copy thereof upon the Respondent simultaneously.
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9-arbp-1454-2014.doc
3] The learned Arbitrator shall make a fresh award without being influenced by the finding and observations rendered in the impugned award dated 16th June, 2014.
4] The parties have agreed to cooperate with each other and with the learned Arbitrator for disposal of Arbitration proceeding expeditiously.
5] The learned Arbitrator shall make endeavor to dispose of the Arbitration proceeding within six months from the date of the first meeting.
6] The parties have agreed to remain present before the
learned Arbitrator regularly and not to seek any unnecessary adjournments.
7] The Arbitration Petition is disposed of on the aforesaid
terms.
8] There shall be no order as to cost.
( R.D. DHANUKA, J. )
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Gunapal J. Shetty
Mahindra & Mahindra Financial Services Limited
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
