Three appeals filed in arbitration matters were rejected for failure to remove a prior non-objection. The Court held that appeals cannot be restored solely on the basis of an affidavit for restoration without a formal application. No order was passed.
No order passed. Appeals held not restorable on the basis of an affidavit.
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APP. 537, 539, 540-14
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL No. 537 OF 2014
IN
ARBITRATION PETITION No. 1035 OF 2010
AND APPEAL No. 539 OF 2014 IN
ARBITRATION PETITION (L) No. 522 OF 2010
Manjula Arvind Thakkar … Petitioner Vs. Sharekhan Limited … Respondents
AND
APPEAL No. 540 OF 2014
IN
ARBITRATION PETITION No. 789 OF 2010
Nita Deepak Thakkar … Petitioner Vs. Sharekhan Limited … Respondents
for the Petitioner. , for the Respondents. *** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ. DATE : AUGUST 25, 2016 PC. . All these appeals were rejected for non removal of office
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APP. 537, 539, 540-14
objection by a conditional order dated 19th July, 2012. The Appellants have not filed any application for restoration of the appeals. However, it appears that the Appellant has filed an affidavit for restoration appeals & setting aside the order dated 19.7.2012. Appeals cannot be restored on the basis of the affidavit. Hence, no order.
Vinayak Halemath
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2 issues framed by the court
Can appeals be restored on the basis of an affidavit alone without filing a formal application for restoration?
Whether the appeals are maintainable for non-removal of objection ordered previously.
Manjula Arvind Thakkar
Sharekhan Limited
Nita Deepak Thakkar
V. M. Kanade
Smt. Swapna S. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
