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2021 Supreme(SC) 196

ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROY
Sanjiv Prakash – Appellant
Versus
Seema Kukreja – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. E. C. Agrawala, AOR
For the Respondent: Ms. Sonali Jaitley Bakhshi, Adv. Mr. Jaiyesh Bakhshi, Adv. Mr. Manik Dogra, Adv. Mr. Pallav Pandey, Adv. Ms. Rini Badoni, Adv. Mr. Gaurav Mishra, Adv. Mr. Ankit Tyagi, Adv. Mr. P. V. Yogeswaran, AOR Mr. Abhinav Agrawal, AOR

JUDGMENT :

R.F. NARIMAN, J.

Civil Appeal No. 975 of 2021

1. This appeal arises out of the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996 [“1996 Act”] filed before the High Court of Delhi. The Appellant, Sanjiv Prakash, is a member of a family which also consists of his sister, Seema Kukreja (Respondent No.1 herein), his mother, Daya Prakash (Respondent No.2 herein), and his father, Prem Prakash (Respondent No.3 herein). The Appellant and Respondents are hereinafter collectively referred to as the “Prakash Family”.

2. The facts, briefly stated, are as follows:

2.1. A private company was incorporated on 09.12.1971 under the name and style of Asian Films Laboratories Private Limited [“the company”] by Prem Prakash, the entire amount of the paid-up capital being paid for by him from his personal funds. He then distributed shares to his family members without receiving any consideration for the same. On 06.03.1997, the name of the company was altered to its present name – ANI Media Private Limited.

2.2. Owing to the extensive efforts of Sanjiv Prakash at


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