Decided on June 05,2017

Nina Anil Shah Appellant
Kusum Bhaskarrao Gorule @ Geetanjali Ganesh Sohani Respondents


K R Shriram, J. - (1.) The Arbitration Petition impugns, under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act), an Award dated 1st August, 2006. The Arbitral award reads as follows :- "a) The firm M/s. Chitralekha Builders stands dissolved as on 15.7.1004. b) The Suit Property viz. CTS No.727 at Sorojini Naidu Road, Mulund (W), Mumbai 400 080 does not constitute the asset of the firm Chitralekha Builders. c) The Claimant is ordered/directed to make payment to the respondents 50% of the expenses from the sum of Rs.62,18,324/-. The aforesaid amount has been arrived upon considering the expenses incurred by the firm till 15.7.2004 on which date the firm M/s. Chitralekha Builders was dissolved. The aforesaid amount will carry interest at the rate of 12% per annum from 8.4.1989 till payment. The aforesaid amount is directed to be paid on or before 1st November, 2006. In the event of default in payment on or before the aforesaid date the aforesaid amount will carry interest at the rate of 15% per annum from 1st November, 2006 till payment. d) The Claimant will pay cost of the present Counter Claim to the respondent, which are quantified at Rs.50,000/-." By an order dated 3rd October 2006, Learned Single Judge (D.K. Deshmukh, J. as he then was) was pleased to dismiss the petition.
(2.) Against the said order dated 3rd October, 2006, the petitioner filed an Appeal No.813 of 2006. By an order dated 21st/22nd July, 2014 the Hon'ble Appeal Court set aside the order dated 3rd October, 2006 and restored this Arbitration Petition to the file of the Learned Single Judge keeping open all contentions of the parties on the merits of the Arbitration Petition.
(3.) Against this order dated 21st/22nd July, 2014 of the Appeal Court, the respondent filed a Special Leave Petition No.31627 of 2014. The Hon'ble Supreme Court, by an order dated 6th October, 2016, dismissed the Special Leave Petition.;

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