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2015 Supreme(Del) 113

V.KAMESWAR RAO
Sai Soft Securities Ltd. – Appellant
Versus
Manju Ahluwalia – Respondent


Advocate Appeared
For the Petitioner:Dr. Anurag Kumar Agarwal with Umesh Mishra, Varun Sharma, Advocates.
For the Respondent: In person.

Judgment

V. Kameswar Rao, J.

1. As these two petitions, under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’ for short), involve identical issues with more or less identical facts, they are being decided by this common order.

Facts

2. It was the case of the respondents that in order to carry out their investments opened trading accounts with National Stock Exchange (NSE) through the respondent in July, 2011 and signed the documents including KYC at Delhi. It was their case before the Arbitral Tribunal that the petitioner had assured to send copies of KYC documents to them from its Moradabad office but the same were not sent. The e-mails sent on November 19, 2011 proved futile. On July 31, 2011, the respondents along with her husband gave first cheque to the petitioner herein for an amount of Rs.25 lacs from a bank account jointly operated by them towards initial deposit. On August 01, 2011, certain trades were conducted in their account, for which they received contract notes from Sai Soft Securities. It was their case that they could not make out the difference between the respondent company and Sai Soft Securities. The respondents have also averred that in addition to

















































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