Decided on January 27,2017

Prema Amarlal Gera Appellant
Memon Co-Operative Bank Ltd Respondents


- (1.) By these two arbitration petitions filed under section 34 of the Arbitration and Conciliation Act,1996 (for short 'the Arbitration Act') the petitioner in both the aforesaid two petitions have impugned the arbitral award declared on 15th October, 2011 by the learned arbitrator under section 84 of the Multi State Co- operative Societies Act, 2002 (for short 'the said Act of 2002'). By consent of parties, both the arbitration petitions were heard together and are being disposed of by a common judgment.
(2.) The petitioner in Arbitration Petition No.207 of 2012 was impleaded as party on demise of original respondent no.1 in the arbitral proceedings i.e. Mr.Amarlal Ramchand Gera who was her husband who expired during the pendency of the arbitral proceedings. The respondent no.1 herein was the original claimant in the arbitral proceedings. The petitioner in Arbitration Petition No.1345 of 2012 had applied for intervention in the arbitral proceedings before the learned arbitrator and was allowed to intervene by the learned arbitrator though he was not a party to the arbitration agreement. For the sake of brevity the petitioner in Arbitration Petition No.1345 of 2012 is referred to hereinafter as the intervenor. The intervenor had filed Arbitration Petition No.207 of 2012 for impugning some of the directions issued and the findings rendered by the learned arbitrator in the impugned award against the intervenor.
(3.) Some of the relevant facts for the purpose of deciding these two petitions are as under :- The respondent no.1 was the original claimant and is a co-operative bank registered under the provisions of the said Act of 2002 and operates in the city of Mumbai and in some of the cities of Gujarat.;

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