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2020 Supreme(SC) 172

UDAY UMESH LALIT, INDU MALHOTRA
SHAKTI NATH – Appellant
Versus
ALPHA TIGER CYPRUS INVESTMENT NO. 3 LTD. – Respondent


Advocates Appeared:
For the Parties:Abhishek Manu Singhvi, Dhruv Mehta, Pradyuman Dubey, Arpita Bishnoi, Nidhiram Sharma, Samarth Madan, Abhay Kumar, Priyank Ladoia, Paresh B. Lal, V.P. Singh, Raghav Seth, Simran Bhat, Mayank Pandey, Ravindra Kumar, Rajat Mittal, Advocates

ORDER :

Leave Granted.

1. The present Appeal has been filed to challenge an award passed in an ICC arbitration with its seat in New Delhi.

    The Appellant has challenged the judgment dated 08.05.2017 passed under Section 37 of the Arbitration and Conciliation Act, 1996 ("Act"), whereby a division bench of the Delhi High Court rejected the Appeal.

2. The factual background in which the present Appeal has been filed is as follows : -

    2.1. The Appellant-Promoters entered into a Shareholders Agreement ("SHA") and a Share Subscription and Purchase Agreement ("SSPA") with Respondents No.1 and 2 both dated 21.03.2008 to acquire 50% shareholding in Respondent No. 3 for the development of a Special Economic Zone for Information Technology and Information Technology Enabled Services. The project was to be developed on a plot of land admeasuring approx. 45,202 sq. mts. in NOIDA ("Project Land") which was allotted to one M/s Sarv Mangal Real Tech Pvt. Ltd. ("M/s Sarv Mangal"). The Project Land was sub-leased by M/s Sarv Mangal to Respondent No. 3.

    2.2. The SHA and SSPA were terminated. The pa


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