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2014 Supreme(Del) 1546

N.V.RAMANA, RAJIV SAHAI ENDLAW
Value Source Mercantile – Appellant
Versus
Span Mechnotronix Ltd. – Respondent


Advocates appeared:
For the Appellant:Saurabh Seth with S. Chakraborty, Advocates.
For the Respondent:Darpan Wadhwa with Akhil Sachar, Advocates.

Judgment

Rajiv Sahai Endlaw, J

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugns the order dated 7th February, 2014 of the learned Single Judge of this Court in OMP No.1258/2013, under Section 9 of the said Act, filed by the respondent. The appeal came up for hearing on 18th March, 2014 when the counsel for the respondent appeared on advance notice and though notice of the appeal was not issued but the matter was adjourned from time to time to enable the parties to amicably settle the same. Finding the parties to be not able to settle, a direction for their appearance in person before this Court was made. We were informed that of the three Directors of the appellant, two namely Mr. Rajiv Goyal and his wife Ms. Alka Goyal were abroad on account of illness of Mr. Rajiv Goyal. On 22nd May, 2014 Mr. Jaswinder Singh, stated to be the third Director of the appellant appeared before us. However he stated that he had ceased to be a Director and feigned ignorance of the facts. We accordingly heard the counsels on the appeal.

2. Undisputed facts are that the appellant, in or about February, 2012 took on lease from the respondent, office at B-1 & B-2 Baseme
















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