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2016 Supreme(Del) 423

V.KAMESWAR RAO
Singhania Horizons – Appellant
Versus
HRC Engineers Estate Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Raj Shekhar Rao, Adv. with Ms. Renu Gupta, Adv.
For the Respondent: Mr. Sanjeev Anand, Adv. with Mr. Arush Khanna, Adv.

JUDGMENT :

V. KAMESWAR RAO, J.

1. This is a petition filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 for interim protection.

2. It is the case of the petitioner that the petitioner and the respondent No. 1 entered into a Joint Venture Agreement intending to develop and sell; (i) residential units on a piece of land measuring 3.436 hectares, situated in Khara No. 201 of Village Kalwadi on 125 road of Vayu Vihar, Shastripuram, Agra, Uttar Pradesh; (ii) a group housing project on the project land in the name and style of HRC Horizons and (iii) a commercial strip of land on the project land. The profits were to be shared by the petitioner and respondent No. 2 in the ratio of 25:75 respectively.

3. It is the petitioner’s case that on March 28, 2007, an Exit Agreement was executed between the petitioner, respondent No. 1 and the respondent No. 2, wherein the respondent No. 2 agreed to purchase the twenty five percent share of the petitioner, in the business of the joint venture for a fraction of its actual market value. It is also the petitioner’s case that in addition to Exit Agreement, the petitioner and the respondents entered into a Shareholder Agree





















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