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2022 Supreme(Chh) 118

RAJENDRA CHANDRA SINGH SAMANT, ARVIND SINGH CHANDEL
Cloud Retail Solutions Pvt Ltd. – Appellant
Versus
Thriving Kitchen Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr. Kishore Bhaduri, Sr. Advocate with Mr. Sabyasachi Bhaduri and Mr. Khulesh Sahu, Advocates.

JUDGMENT :

R.C.S. Samant, J.

Heard.

1. This is an Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short “the Act, 1996”) against the impugned order dated 21.10.2021 passed by the Commercial Court (District Level), Raipur, C.G., by which the petition filed by the respondent under Section 9 of Act, 1996 has been allowed and relief has been granted to the respondent.

2. The subject matter in this case is the property measuring 2000 sq.ft. situated at Surya Treasure Island, near Apollo Hospital, Junwani Road, Surya Vihar, Smriti Nagar, Bhilai, C.G. with 5 kitchens constructed on it. The respondent and the appellants entered into an agreement on 30.09.2021 by which the appellants were provided a property by way of sub-lease agreement on terms and conditions as agreed. The respondent invoked the arbitration clause and filed the application under Section 9 of the Act, 1996 before the Commercial Court (District Level) Raipur, C.G. pleading that the appellants had made default in payment of lease amount which has become outstanding to the tune of Rs.1,18,10,000/- praying for relief of attachment of the property and attachment of the bank accounts of the appellant

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