Achlesh Daga @ Sailesh Karikishan Daga v. Hrim Finance And Securities Pvt. Ltd.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1389 OF 2013 Hrim Finance And Securities Pvt. Ltd.
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Petitioner
Versus
M/s Gopikishan Daga HUF ...
Respondent ALONGWITH ARBITRATION PETITION NO.1406 OF 2013 Hrim Finance And Securities Pvt. Ltd.
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Petitioner
Versus
Mrs. Sarojdevi Daga ...
Respondent ALONGWITH ARBITRATION PETITION NO.328 OF 2014 Hrim Finance And Securities Pvt. Ltd.
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Petitioner
Versus
Mr. Harikishan Daga ...
Respondent ALONGWITH ARBITRATION PETITION NO.334 OF 2014 Hrim Finance And Securities Pvt. Ltd.
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Petitioner
Versus
M/s Harikishan Daga HUF ...
Respondent ALONGWITH ARBITRATION PETITION NO.1188 OF 2014 Achlesh Daga @ Sailesh Harikishan Daga ...
Petitioner
Versus
Hrim Finance And Securities Pvt. Ltd.
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Respondent
2/3 ALONGWITH ARBITRATION PETITION NO.1227 OF 2014 Harikishan Daga HUF ...
Petitioner
Versus
Hrim Finance And Securities Pvt. Ltd.
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Respondent .....
Mr. Zain Mookhi a/w Mr. Sunil A. Vyas, Mr. Birrrul Mohamedi I/b Mansukhlal Hiralal and Co. for the Petitioner in Arbitration Petition Nos.1389 of 2013, 1406 of 2013, 328 of 2014 and 334 of 2014 and for the Respondent in Arbitration Petition No.1188 of 2014. Mr. Harish Pandya a/w Mr. Rajendra Kookada I/b Ms. Sheela Mistry for the Respondent in Arbitration Petition Nos.1389 of 2013, 1406 of 2013, 328 of 2014, 334 of 2014 and for the Petitioners in Arbitration Petition Nos.1188 of 2014 and 1227 of 2014.
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CORAM : S.C. GUPTE, J.
DATE : 04 FEBRUARY 2019 P. C. :
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After these matters are heard at some length, it is agreed between learned counsel for the parties that the impugned awards of the appellate tribunal as well as original tribunal may be set aside and the matters be remanded to a new arbitrator for fresh hearing in accordance with law by keeping all rights and contentions of the parties open. Accordingly, by consent, the impugned awards are set aside and the disputes and differences between the parties are referred to a Sole Arbitrator, Mr. Simil Purohit, Advocate, for fresh hearing in accordance with law. The National Stock Exchange of India Ltd (NSE) shall make available record and proceedings of the arbitration as as well as such documents as may be required by the new arbitrator for disposing of the reference afresh. All rights and contentions of the parties on merits are kept open.
3/3 The petitions are disposed of accordingly.
Refund of court fees, if any, in accordance with the applicable rules. The parties to act on an authenticated copy of this order. (S.C. GUPTE, J.)