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2006 Supreme(Del) 733

MADAN B.LOKUR
Sudhir Dubey – Appellant
Versus
Rashmi Hans – Respondent


Advocates appeared
Mr. Vijay Kishan with. Mr. Vikram Jetly, Advs. for the Petitioners.
Mr. Sanjeev Mahajan, Adv. for the Respondent.

Judgment

Madan B. Lokur, J.

1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996.

2. The parties had entered into an agreement on 11th January, 1999 to appoint an Arbitrator in the event some disputes arise between the parties.

3. Dispute arose between the parties with the result that the Petitioner approached this Court by filing OMP No. 321/2003 under Section 9 of the Arbitration and Conciliation Act, 1996. The interim measure sought for by the Petitioner was to the effect that the Defendant be restrained from creating any third party interest in the Second floor alongwith terrace of the residential property No. B-152, Second Floor. East of Kailash, New Delhi.

4. The Petitioner has made a reference to the Arbitration agreement dated 11th January, 1999 in that OMP also.

5. After notice in that OMP, the respondent denied her signatures on the arbitration agreement. Her denial was recorded in' Court on 23rd April, 2004 in OMP No. 321/2003. the issue then arose whether the signatures were those of the Respondent or not. This was sent for determination to the Central Forensic Science Laboratory. On 13th August, 2004 the CFSL gave its report in respect o








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