w w w . L a w y e r S e r v i c e s . i n



Geojit Financial Services Limited v/s Sandeep Gurav


Company & Directors' Information:- GEOJIT FINANCIAL SERVICES LIMITED [Active] CIN = L67120KL1994PLC008403

Company & Directors' Information:- K K FINANCIAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U65923MH2007PTC166978

Company & Directors' Information:- O J FINANCIAL SERVICES LIMITED [Active] CIN = U74899DL1993PLC051937

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- G U FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67120OR1989PTC017916

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- W G F FINANCIAL SERVICES LIMITED [Active] CIN = U65993DL1992PLC048390

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- C F S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062182

Company & Directors' Information:- SANDEEP (INDIA) LTD [Active] CIN = L51491WB1982PLC035464

Company & Directors' Information:- D AND A FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1981PTC012709

Company & Directors' Information:- N B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993DL2006PTC144829

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- T H FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67120WB1997PTC082650

Company & Directors' Information:- M K G FINANCIAL SERVICES PVT LTD [Active] CIN = U74899DL1995PTC067373

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- INDIA FINANCIAL SERVICES LIMITED [Strike Off] CIN = U65921WB1997PLC083511

Company & Directors' Information:- P C FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070768

Company & Directors' Information:- S A FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC063217

Company & Directors' Information:- A M FINANCIAL SERVICES LIMITED [Strike Off] CIN = U74140PB1993PLC013944

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- AT FINANCIAL SERVICES LIMITED [Active] CIN = U67190MH2013PLC243267

Company & Directors' Information:- L N M FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65910WB1996PTC082013

Company & Directors' Information:- H T FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65999MH2012PTC225794

Company & Directors' Information:- B M FINANCIAL SERVICES INDIA PRIVATE LIMITED [Active] CIN = U65990MH2001PTC132477

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- M L FINANCIAL SERVICES LIMITED [Strike Off] CIN = U65920TG1994PLC018846

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- M G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065876

Company & Directors' Information:- T T C FINANCIAL SERVICES PVT LTD [Active] CIN = U51909WB1995PTC074992

Company & Directors' Information:- L D FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65900PB2011PTC035447

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- S & F FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U63040MH2004PTC149667

Company & Directors' Information:- R S A FINANCIAL SERVICES PVT LTD [Active] CIN = U74899DL1995PTC067328

Company & Directors' Information:- J & J FINANCIAL SERVICES LTD. [Active] CIN = U51109WB1995PLC074697

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- B P C FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65110MH1996PTC102267

Company & Directors' Information:- A P S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993PB1995PTC016819

Company & Directors' Information:- A P S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993HR1995PTC067843

Company & Directors' Information:- N P K FINANCIAL SERVICES PVT LTD [Active] CIN = U67120WB1995PTC073448

Company & Directors' Information:- K R B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65921TG1994PTC018711

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- K S M FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120PB1995PTC016630

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- D K S FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U74899DL1995PTC069093

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- B S B FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U74140WB1993PTC059409

Company & Directors' Information:- U D. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068179

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- H D FINANCIAL SERVICES PVT LTD [Active] CIN = U67120WB1992PTC056476

Company & Directors' Information:- B. K. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67100MH2010PTC210099

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- B R FINANCIAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U74899DL1995PTC068371

Company & Directors' Information:- B 2 B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65999MH2008PTC188501

Company & Directors' Information:- J. H. B. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1997PTC084907

Company & Directors' Information:- K K B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74900CH2010PTC032178

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- D R FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67120WB1996PTC079376

Company & Directors' Information:- R K FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067676

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- J. M. A. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65929DL1996PTC079248

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- V A FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190MH2003PTC138687

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- R P FINANCIAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U67190TZ2008PTC014376

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- B J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120GJ2005PTC046722

Company & Directors' Information:- D G FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67110MP1995PTC009014

Company & Directors' Information:- S D S FINANCIAL SERVICES LIMITED [Strike Off] CIN = U67120PB1996PLC017964

Company & Directors' Information:- B L M FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120CH1995PTC016606

Company & Directors' Information:- A V FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65990TG1995PTC020950

Company & Directors' Information:- D K FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65921CH1994PTC014219

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- J V S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65999TG1994PTC018470

Company & Directors' Information:- B A L FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921TG1996PTC023150

Company & Directors' Information:- R T G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2005PTC150664

Company & Directors' Information:- T C G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2005PTC156330

Company & Directors' Information:- M K FINANCIAL SERVICES LIMITED [Active] CIN = U67120DL1986PLC024178

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- V AND C FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TG1994PTC018781

Company & Directors' Information:- J M S FINANCIAL SERVICES LIMITED [Active] CIN = U67120DL1996PLC082705

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- E F FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65929WB1988PTC045117

Company & Directors' Information:- L S J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120KA1995PTC018030

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- C & A FINANCIAL SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74992PB2008PTC032215

Company & Directors' Information:- G. S. D. FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100MH2009PTC196926

Company & Directors' Information:- A J P FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC192558

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- A .S FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65921PB1994PTC014347

Company & Directors' Information:- V S P FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190TN1995PTC031176

Company & Directors' Information:- T K S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TZ1991PTC003500

Company & Directors' Information:- A TO Z FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U65999WB1995PTC075689

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- V S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TN1995PTC030986

Company & Directors' Information:- B G FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67110DL1995PTC066466

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- G D FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67120PB1994PTC014142

Company & Directors' Information:- V J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TG1994PTC018456

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- S. R. FINANCIAL SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U67120GJ2006PTC048918

Company & Directors' Information:- H C FINANCIAL LTD [Amalgamated] CIN = U65910GJ1982PLC004967

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- D S FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U51109WB1990PTC048460

Company & Directors' Information:- I O P T 4 M O R E FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65999MH2009PTC192104

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- I. & I. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U93090MH2017PTC298584

Company & Directors' Information:- C. D. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2012PTC230709

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S AND N FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190TN2014PTC095802

Company & Directors' Information:- K & S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC044597

Company & Directors' Information:- U & I FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TG2011PTC072616

Company & Directors' Information:- I & A FINANCIAL SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U65923TG2012PTC079262

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- SANDEEP SERVICES PVT. LTD. [Active] CIN = U51909WB1993PTC060599

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- R G FINANCIAL PRIVATE LIMITED [Strike Off] CIN = U65923DL1984PTC018552

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- B AND B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068601

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- N G R B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190HR2013PTC049521

Company & Directors' Information:- K H FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140GJ2004PTC044313

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- D V G FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921DL1994PTC057078

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M K M FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U99999DL1995PTC067375

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- U AND V FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KL2008PTC021963

    Appeal No. 67 of 2019

    Decided On, 12 February 2021

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE R.D. DHANUKA & THE HONOURABLE MR. JUSTICE V.G. BISHT

    For the Appellant: Anoshak Daver a/w. Gaurav Jangle, Digant Bhatt, Juhi Shah i/b. M/s. I.V. Merchant, Advocates. For the Respondent: Aliabbas Delhiwala a/w. Gouresh C. Mogre, Advocates.



Judgment Text

Oral Judgment: (R.D. Dhanuka, J.)1. Admit. The learned Counsel for the respondent waives service.2. By this Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “the said Act”), the appellant (original petitioner) has impugned the order dated 31st August, 2017 passed by a learned Single Judge of this Court in Arbitration Petition No. 161 of 2017 filed under Section 34 of the said Act and also disposing of the Chamber Summons No. 448 of 2017 filed by the appellant inter alia praying for amendment of the Arbitration Petition.3. By consent of the parties, the Appeal is heard finally at the admission stage.4. A signed copy of the award was received by the appellant on 13th July, 2016 whereby rejecting the counter claim filed by the appellant. On 8th August, 2016, the appellant made an application purportedly under Section 33 of the said Act for correction of the award dated 8th July, 2016 and for an additional award on various grounds. On 26th August, 2016, the Appellate Tribunal rejected the said application under Section 33 of the said Act filed by the appellant. On 29th August, 2016, the appellant received a copy of the said order dated 26th August, 2016.5. On 15th November, 2016, the appellant filed a Notice of Motion bearing lodging No. 3244 of 2016 inter alia praying for condonation of delay in filing the Arbitration Petition. On 10th February, 2017, the learned Single Judge of this Court allowed the appellant to withdraw the said Notice of Motion on the ground that the Petition was not in time. On 26th August, 2017, the appellant filed Chamber Summons bearing lodging No. 448 of 2017 seeking liberty to amend the Arbitration Petition by incorporating additional facts and grounds. On 31st August, 2017, the learned Single Judge dismissed the said Arbitration Petition and also the Chamber Summons filed by the appellant on the ground that the application filed by the appellant on 8th August, 2016 was in the nature of the Review Petition and thus was not contemplated under Section 33 of the said Act. The learned Single Judge held that the Arbitration Petition was clearly barred by limitation prescribed under Section 34 (3) read with proviso thereto of the said Act. The said order of the learned Single Judge is impugned by the appellant in this Appeal filed under Section 37 of the said Act.6. Mr. Daver, learned Counsel for the appellant, submits that the application filed by his client on 8th August, 2016 was within the time prescribed under Section 33 (1) of the said Act. The said application was disposed of by the Appellate Bench on 26th August, 2016. The appellant was entitled to file Arbitration Petition under Section 34 of the said Act within a period of three months from the date of disposal of the said application filed by the appellant under Section 33 (1) of the said Act.7. Learned Counsel for the appellant invited our attention to the application filed by his client before the Appellate Bench of the Arbitral Tribunal and also the order passed by the Appellate Bench thereon and would submit that the said application was not in the nature of any Review Application and thus the period of limitation for filing the Petition under Section 34 of the said Act would commence from the date of disposal of the application filed by under Section 33 (1) of the said Act. The Petition thus filed by the appellant under Section 34 (1) of the said Act was within the time prescribed under Section 34 (3) of the said Act.8. The learned Counsel for the respondent, on the other hand , strongly placed reliance on the judgment of the Supreme Court in the case of State of Arunachal Pradesh Versus Damini Construction Co. (2007) 10 SCC 742) and the judgment delivered by one of us (Shri R.D. Dhanuka, J.) in the case of Dr. Writer’s Food Products Pvt. Ltd v. Cosmos Co-operative Bank Limited (2019 SCC OnLine Bom 2140) in support of his submission that the application filed by the appellant purportedly under Section 33 of the said Act was for seeking review of the Arbitral award rendered by the Appellate Bench on 13th July, 2016and was not within the parameters of Section 33 (1) of the said Act. The learned Single Judge thus was right in dismissing the Arbitration Petition filed by the appellant on the ground of the Arbitration Petition being barred by limitation prescribed under Section 34 (3) of the said Act.9. A perusal of the application dated 8th August, 2016 filed by the appellant before the Appellate Bench of the Arbitral Tribunal indicates that the appellant relied upon various documents which were submitted, according to the appellant before the Arbitral Panel of the Exchange but not considered. It was contended in the said application that the Arbitral Panel had considered the wrong document for computing the counter claim of the respondent. The reliance was also placed on the ledger statement showing the debit balance of Rs. 15,58,198.84 in the respondent’s account.10. It was contended in the said application that the product wise consolidated ledger with fund transfer entries had been issued to the respondent herein on quarterly basis and the ledger clearly shows the net debit in NSE F&O segment. The respondent had allegedly not raised any dispute on fund transfer entries and debit in F& O segment.11. It was further contended that the respondent herein had read, understood and acknowledged those documents. Under the rules and regulations of SEBI circular dated 3rd December, 2009, the respondent was under an obligation to point out the discrepancy/ dispute arising from the said statement of account within seven working days from the date of receipt thereof which was not done by respondent herein.12. In the second last paragraph of the said application, the appellant accordingly prayed that the Arbitral Tribunal may consider the request of the appellant herein to correct the award and pass additional award on merits allowing the counter claim of the appellant herein by upholding the original award of the sole arbitrator.13. A perusal of the order passed by Appellate Bench of the Arbitral Tribunal indicates that the Appellate Bench rejected the said application on the ground that the appellant herein was trying to persuade the Arbitral Tribunal to review the order passed by them by putting forth his argument once again. The Arbitral Tribunal did not have authority to review its own award. It is held by Arbitral Tribunal that the reasoned order did not require any rectification and accordingly rejected the said application purportedly filed under Section 33 (1) of the said Act.14. The learned Single Judge has rightly held that the said application filed by the appellant was in the nature of review and thus, the appellant would not get fresh period of limitation from the date of disposal of the application under Section 33 by the Arbitral Tribunal.15. The Hon’ble Supreme Court in the case of State of Arunachal Pradesh (supra) has dealt with identical issue and has held that the application seeking review under Section 33 was not maintainable.16. The Hon’ble Supreme Court considered that the application filed by the appellant was by way of seeking review of the award on merits and therefore, since the said application itself was wholly misconceived, such application would not come within the scope of Section 33. When the application does not come within the purview of Section 33, the application was totally misconceived. This Court adverted to the said judgments of Hon’ble Supreme Court in the case of State of Arunachal Pradesh (supra) and in the case of Dr. Writer’s Food Products Pvt. Ltd. (supra) and has rejected the Arbitration Petition filed under Section 34 on the ground of limitation.17. A perusal of the application dated 8th August, 2016 filed by the appellant clearly indicates that the appellant placed reliance on various documents and advanced various arguments on merits in the said application for seeking relief of an additional amount on merits.18. Under Section 33 (1) of the said Act, any party to the proceedings is entitled to make an application for correction and interpretation of the award or for an additional amount within 30 days from the receipt of the Arbitral Award, unless another period of time has been agreed upon the parties to correct the computation errors or clerical or typographical errors or any other errors of a similar nature occurring in the award. If both the parties agree, a party, with notice to the other party, may request the Arbitral Tribunal to give an interpretation of a specific point or part of the award.19. It is not in dispute that the appellant had filed an application within 30 days from the date of receipt of the copy of the award from the Appellate Bench of the Arbitral Tribunal. The question which arose for consideration of the learned Single Judge and also before this Court was whether the said application dated 8th August, 2016 filed by the appellant was within the parameters of Section 33 (1) of the said Act.20. In our view, since the said application filed by the appellant was seeking review of the impugned award rendered by the Appellate Bench of the Arbitral Tribunal on merits, it was not within the parameters of Section 33 (1) of the said Act. Such application under Section 33 (1) could be made only in the event on there being any computation of errors or clerical or typographical errors or any other errors of a similar nature occurring in the award. The application under Section 33 could be also maintained if both the parties would have agreed for making an additional arbitral award as to the claims presented in the arbitral proceedings but limited in the arbitral award. The application filed by the appellant was not for correction of any such error specifically prescribed in Section 33 (1) or for an additional award under Section 33 (4) by agreement of both the parties.21. In our view, limitation prescribed under Section 34 (3) of the said Act prescribing a period of three months from the date on which a signed copy of the award was received, would apply to the facts of this case. Since the application filed by the

Please Login To View The Full Judgment!

appellant was not within the parameters of Section 33, the period of limitation would not commence from the date of disposal of the said application purportedly filed by the appellant under Section 33 but would commence from the date of service of signed copy of the award from the Arbitral Tribunal on 13th July, 2016.22. Since the Petition was not filed by the appellant within a period of three months from the date of service of signed copy of the award dated 13th July, 2016, the learned Single Judge was right in rejecting the Arbitration Petition and consequently the Chamber Summons on the ground that the Arbitration Petition itself was barred by limitation under Section 34 (3) of the said Act.23. The principles laid down by the Hon’ble Supreme Court in the case of State of Arunachal Pradesh (supra) is applicable to the facts of this case. We are respectfully bound by this judgment. We are not inclined to take a different view than the view taken by learned Single Judge of this Court in the case of Dr. Writer’s Food Products Pvt. Ltd (supra).24. The Appeal is totally devoid of merits and is accordingly dismissed.
O R