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2023 Supreme(Kar) 283

ALOK ARADHE, ANANT RAMANATH HEGDE
Manyata Developers Private Limited – Appellant
Versus
ARCIL-AST-IX Trust – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.M. Chandrashekar, Chandrashekar Patil.
For the Respondents: V. Srinivasa Raghavan, P. Chinnappa.

ORDER :

1. In these petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short) seeking appointment of a nominee arbitrator on behalf of Asset Reconstruction Company India Limited (hereinafter referred to as 'the ARCIL' for short) for resolution of dispute between the parties as per Clause 18.10 of the Facility agreements dated 27.09.2017 and 23.02.2018. For the facility of reference, facts from CMP No. 110/2022 are being referred to.

(i) BACKGROUND FACTS:

2. The petitioner is a company incorporated under the Companies Act, 1956 and is engaged in the business of development of properties (hereinafter referred to as 'the Company' for short). The respondent viz. ARCIL is an asset reconstruction company and is engaged in the business of resolution of Non Performing Assets after acquisition of Indian Banks and Financial Institutions.

3. Admittedly, vide sanction letter dated 19.07.2017, a term loan of Rs.470,00,00,000/- (Rupees Four Hundred and Seventy Crores) was sanctioned in favour of the company. Subsequently, a facility agreement dated 26.09.2017 was executed between the company and the original lender.

4. Clause 1.

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