LAWS(BOM)-2014-8-16

M.L. SUREKHA Vs. S.M. SAMANT

Decided On August 01, 2014
M.L. Surekha Appellant
V/S
S.M. Samant Respondents

JUDGEMENT

(1.) The Appellants in the four appeals are family members.

(2.) The learned Single Judge held that the awards were based on appreciation of evidence adduced before the arbitral tribunal consisting of persons who have knowledge of the trade on the basis whereof they had recorded findings of fact. The impugned order contains no other reasons. The learned counsel for both the parties however, requested us to hear the entire case and not to remand the same stating that that would cause them enormous prejudice. We accordingly did so.

(3.) The facts in each case are similar except as to the amounts claimed and the evidence produced. We propose to deal with the facts of Appeal No.580 of 2004 alone in detail. It was agreed that the result in the other appeals would follow the result in Appeal No.580 of 2004.