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G.S.KULKARNI
Vanit Gupta – Appellant
Versus
Delta Iron & Steel Company P. Ltd. , Mumbai – Respondent
| Table of Content |
|---|
| 1. overview of arbitration petition and background facts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. applicant's claims regarding ownership and payments. (Para 6 , 9 , 10 , 12) |
| 3. court's analysis of the franchise agreement and purchaser's rights. (Para 7 , 28 , 29 , 30 , 41) |
| 4. application of lien law and buyer's rights as per sale of goods act. (Para 38 , 47 , 53) |
| 5. granting of relief to the applicant and court's directive. (Para 54 , 56 , 58) |
JUDGMENT :
G S Kulkarni, J.
The applicant Shri Vanit Gupta, who is not a party to the above arbitration petition, has filed this Notice of Motion. The Arbitration Petition is filed under section 9 of the Arbitration and Conciliation Act, 1996 (for short "the Act") by the petitioner - JSW Steel Ltd. (referred as Petitioner), against the original respondent no. 1 - Delta Iron & Steel Co. Pvt. Ltd., respondent no. 2 - Yatin Steels India Pvt. Ltd. and respondent no. 3 - ARK Industries Pvt. Ltd. (referred as Respondents). The applicant is a third party to the transactions which have taken place between the petitioner and the respondents pertaining to sale of iron coils (for short 'the goods') to the respondents.
2. The petitioner approached this Court
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