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2000 Supreme(Del) 284

VIKRAMAJIT SEN
NAVAL GENT MARITIME LIMITED – Appellant
Versus
SHIVNATH RAI HARNARAIN (INDIA) LIMITED – Respondent


Advocates Appeared:
A.M.SANGHVI, MAHENDRA RANA, P.B.SURESH KUMAR, RAJU RAMACHANDRAN, VIPIN NAIR

Vikramajit Sen

( 1 ) BY this order I propose to dispose off the present application filed on behalf of Respondent under Order VII rule 11 read with Section 151 of the Code of Civil Procedure.

( 2 ) THIS application has been filed in OMP 200/99 which has been preferred TO under Section 9 of the Arbitration and conciliation Act, 1996 (hereinafter REFERRED TO to as the Act ). On being satisfied that the circumstances of the case so warrant, I had restrained the Respondent from selling, alienating or creating any third party interests in property bearing No. B-16, Bhagwan Dass Nagar, New Delhi. On receiving notice of the Petition, this application has been filed in which the substantial challenge is centered on the maintainability of the Petition itself. As the first order dated 16. 7. 1999 will indicate, it is not in controversy that when the Petition was filed, the disputes were already being adjudicated in London before Mr. Clive Aston, Arbitrator, pursuant to orders of the High Court of Justice at London. On the strength of a decision of this Court rendered in Dominant Offset Pvt. Ltd. v. Adamovske Strojimy A. S. , 68 (97) DLT 157= 1997 (42) DRJ 313 I had granted the injunction eve








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