Section 84 of the Multi - State Act would apply to cases which are to be instituted under the said Act. It does not apply to cases which have already been instituted another Act including theMCS Act. The section does not even provide for a transfer of cases filed under the MCS Act to the authorities/arbitration provided for therein. If the legislature intended annuling all proceedings under the MCS Act and the re-presentation/filing thereof under section 84 of the Multi - State Actthe same would have been provided for expressly. As it is there is not even a suggestion to this effect in either enactment. To accept the respondents submission would be reading into the enactments consequences of a wide and crucial nature which cannot be done.
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Bombay High Court
The Abhyudaya Co-Operative Bank ... vs Mr.Milind More on 4 April, 2009
Bench: S.J. Vazifdar
Citation;2009(4)ALLMR72,2009(4)BOMCR232,2009(4)MHLJ929
DATED : 4TH APRIL, 2009.
