Dismissed

Jain Social Group and Anr. v. Jain Social Groups International Federation and 2 Ors.

Bombay HC8 May 2015ARBP/791/2015

Case brief

AI extract

What is this about?

The High Court at Bombay set aside an impugned arbitration award and, by consent, appointed a new three-member tribunal with Shri Pravin H. Shah as presiding arbitrator, directing a fresh award within 60 days.

What did the court decide?

Impugned award dated 5th May, 2015 set aside; consequential order of appointment passed in lieu of the new tribunal.

Jain Social Group and Anr. Vs Jain Social Groups International… — Arbitration | Bombay HC (2015)

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905-ARBPL952.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 952 OF 2015

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Jain Social Group, Nashik & Anr. ….. Petitioners

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VERSUS

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Jain Social Groups International Federation & Ors.

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….. Respondents

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Mr.M.S.Karnik, i/b. Mr.Rahul Motkari for the Petitioners.

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Mr.Vaibhav Sughare, i/b. Mr.Ajay Dhadiwal for the Respondents.

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CORAM : R.D. DHANUKA, J.

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DATED : 8^th MAY, 2015

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P.C .

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Learned counsel appearing for the respondent no.1 tendered a copy of the letter dated 8^th May, 2015 addressed by the respondent no.1 to Shri Abhay Dhadiwal, suggesting the name of panel of three arbitrators. Letter is taken on record.

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By consent of petitioners and respondent no.1, following order is passed :- (a) Impugned award dated 5^th May, 2015 being Ex.A to the petition is set aside.

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(b) Parties have no objection if the disputes which were subject matter of the earlier arbitration are referred to Shri Yashwin N.Kapdi, Shri Pankaj V.Sanghvi and Shri Pravin H.Shah (Kapasi).

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(d) The arbitral tribunal shall make a fresh award without

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905-ARBPL952.15

being influenced by the observations, findings and conclusions rendered by the learned arbitrator in the impugned award dated 5^th May, 2015 and decide in accordance with law.

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(e) The arbitral tribunal shall make an endeavour to dispose of the arbitration proceedings within 60 days from the date of the first meeting.

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(f) Both parties are entitled to rely upon the pleadings and documents already filed before the arbitral tribunal and shall be at liberty to file additional evidence with leave of the arbitral tribunal.

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(g) All the parties to this order as well as arbitral tribunal to act on authenticated copy of this order.

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(h) It is made clear that in view of this order setting aside the impugned award, ad-interim order passed by this court on 27^th March, 2013 shall operate during the pendency of the arbitral proceedings and for a period of four weeks from the date of declaration of the award.

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Arbitration petition is disposed off in the aforesaid terms. No order as to costs.

Jain Social Group and Anr. v. Jain Social Groups International Federation and 2 Ors.

Case brief

What is this about?

What did the court decide?

Jain Social Group and Anr. v. Jain Social Groups International Federation and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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