M/S. Right Outdoor Signs Pvt. Ltd. And 5 ORS. v. The Cosmos Co-Op Bank Ltd.

vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.762 OF 2015 Smt.Anju S. Bablani & Ors.

...Petitioners

V/s.

The Cosmos Co-op. Bank Ltd.

...Respondent

WITH ARBITRATION PETITION NO.769 OF 2015 M/s.Right Outdoor Signs Pvt. Ltd. & Ors.

...Petitioners

V/s.

The Cosmos Co-op. Bank Ltd.

...Respondent

WITH ARBITRATION PETITION NO.834 OF 2015 Sunil S. Bablani & Ors.

...Petitioners

V/s.

The Cosmos Co-op. Bank Ltd.

...Respondent

Mr.Herbert A. Noronha for the Petitioners.

Mr.Joel Carlos i/b Ms.Nikita Trivedi for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 15TH SEPTEMBER, 2015.

P.C. :- 1.

By consent of the parties, the following order is passed :- a).

The arbitral awards all dated 17th December, 2014 passed by the learned arbitrator which are the subject matter of the aforesaid three arbitration petitions are set aside.

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b).

The parties have no objection if all the three matters are remanded to the learned arbitrator for adjudication afresh in accordance with law.

c).

The petitioner undertakes to file written statement within four weeks from today and shall serve a copy thereof upon learned advocate for the respondent simultaneously.

d).

Both the parties have agreed that they can lead oral as well as documentary evidence before the learned arbitrator. e).

It is agreed that the learned arbitrator shall decide the matter afresh in accordance with law and without being influenced by the observations and conclusions drawn in the impugned awards all dated 17th December, 2014.

f).

The parties have agreed to co-operate with each other and also with the learned arbitrator in expeditious disposal of the arbitral proceedings and have agreed not to take unnecessary adjournments. g).

The learned arbitrator shall make an endeavor to dispose of the arbitral proceedings within six months from the date of the first meeting.

2.

The aforesaid arbitration petitions are disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/3

"Certified to be true and correct copy of original signed order." 3/3