UPENDRA KANTILAL THANAWALA Vs. SHREERAM BUILDERS

JUDGEMENT

(1.) By Arbitration Appeal (St.) No.93127 of 2020, the Appellants have challenged the impugned judgment and order dtd. 25/1/2020 passed by the learned District Judge, Thane in Civil Miscellaneous Application (Arbitration) No.35 of 2012 (for short CMA No.35 of 2012), whereas in the Arbitration Appeal (St.) No.5662 of 2020, there is challenge to the impugned judgment and order dtd. 25/1/2020 in so far as it dismisses Civil Miscellaneous Application (Arbitration) No.76 of 2013 (for short CMA No.76 of 2013) against the same arbitral Award passed by the Majority Arbitral Tribunal dtd. 10/12/2011. Both the CMA No.35 of 2012 and CMA No.76 of 2013 were clubbed together and decided by the impugned judgment and order dated 25 th January, 2020.

(2.) Both the Appellants have sought the setting aside of the impugned judgment and Order in so far as it dismisses the respective CMA No.35 of 2012 and CMA No.76 of 2013.

(3.) In order to consider the Arbitration Appeals, filed under Sec. 37 of the Arbitration Act, it would be necessary to set out a brief background of facts in both the Arbitration Appeals. For the sake of convenience the Appellants and Respondents in Arbitration Appeal (St.) No.93127 of 2020 are referred to.