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Bombay High CourtARBP/428/2015disposed off

Mrs Ila Bharat Thakkar v. The Saraswat Co-Operative Bank Ltd And 3 ORS

2015-02-12Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 9-ARBPL675.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 675 OF 2013 Mrs.Ila Bharat Thakkar ..... Petitioner

VERSUS

The Saraswat Co-operative Bank Ltd. & Ors.

..... Respondents Mr.S.Shamim, i/b.Shamim & Co. for the Petitioner. Mr.Harshad Sathe, i/b. Ms.Swati Sawant for Respondent no.1. CORAM :

R.D. DHANUKA, J.

DATED :

12th FEBRUARY, 2015 P.C.

By consent of parties, following order is passed :- (a) Impugned order dated 29th November, 2005 passed by the learned arbitrator in so far as petitioner is concerned is set aside.

(b) Parties have no objection if the matter is heard by the learned arbitrator appointed by the Central Government under section 84 of the Multi State Co-operative Societies Act. (c) The petitioner agrees to file written statement within three weeks from today without fail alongwith documents which the petitioner seeks to rely upon in the arbitration proceedings.

(d) The learned arbitrator shall decide the matter afresh in so far as dispute between the petitioner and respondent no.1 is

kvm 2/2 9-ARBPL675.13 concerned and shall not be influenced by the findings, conclusion and observations made by the learned arbitrator in the impugned award.

(e) All contentions of both parties are kept open. (f) The learned arbitrator is requested to dispose off the arbitration proceedings within four months from the date of the first meeting.

(g) Both parties have agreed to co-operate with each other and with the learned arbitrator.

(h) It is made clear that in so far as respondent nos. 2 to 4 are concerned, the award is upheld in view of those respondents not having challenged the impugned award within the time prescribed.

(i) The petitioner is directed to comply with all office objections and shall get the petition numbered within three weeks from today.

2.

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

[R.D. DHANUKA, J.]