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1999 Supreme(Cal) 100

KALYAN JYOTI SENGUPTA
SHIVA CARRIERS – Appellant
Versus
ROYAL PROJECTS LTD. – Respondent


KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS application has been taken out without mentioning any section of Arbitration and Conciliation Act, 1996 but claiming following reliefs. " (A) Declaration that the petitioner is the sole and absolute owner of the said two vehicles bearing police registration AS-25-0 130 and AS-25-0160 Engine Nos. 697 D23k937 17343 and 697d23k937 17327 Chasis Nos. 360 324k93702498 and 360324k93702476 respectively. (b) Declaration that all payments payable by the petitioner under the Agreement dated November 28, 1993 have been paid and that the respondent No. 1 is not entitled to any amount or further amounts from the petitioner. (c) Declaration that the purported reference before the respondent No. 3 is null and void and of no effect. (d) Declaration that the respondent No. 3 is not the Arbitrator and not appointed as the Arbitrator by the petitioner and has no mandate. (e) Alternatively a fit and independent person be appointed as the arbitrator in place and stead of the respondent No. 3 to adjudicate the disputes between the parties. (f) injunction restraining the respondents and/or their men and/or agents and/or servants and/or each of them from proceeding furt













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