URBAN INFRASTRUCTURE REAL ESTATE FUND vs RASHMI CHUNILAL BHIMJYANI AND 4 OTHERS

37.20-coma.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO. 37 OF 2020 IN COMMERCIAL ARBITRATION PETITION NO.1278 OF 2020. Ms. Gulnar Mistry, Mr. Saket Mone, Mr. Subit Chakrabarti, Mr. Shrey Shah and Mr. Bhupen Garud i/b Vidhi Partners for Respondent nos.1 and 2 in COMAP/38/2020 and COMAP/40/2020 and for Respondent nos.2 and 5 in COMAP/37/2020. Mr. Akshay Petkar for Respondent Nos.3(a) to 3(d) and Respondent No.4 in all Appeals CORAM : ALOK ARADHE, CJ. & M.S. KARNIK, J. RESERVED ON : 27th MARCH, 2025 PRONOUNCED ON : 2nd APRIL, 2025 JUDGMENT [PER : CHIEF JUSTICE] These appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 (1996 Act) emanate from a common order dated 4th December 2019 passed by the learned Single Judge in three petitions filed under Section 34 of the 1996 Act. The learned Single Judge, by impugned order has modified the interim award dated 27th August 2019 passed by the Arbitrator to the extent that finding recorded by the Arbitrator on the basis of demurrer on issue No.1 viz. whether claims of the appellant are within limitation would not foreclose the issue and would not preclude the Arb