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2013 Supreme(Del) 2371

RAJIV SHAKDHER
EMAAR MGF Land Limited – Appellant
Versus
Kakade British Realities Private Limited – Respondent


Mr. Neeraj Kishan Kaul, Sr. Advocate with Ms. Manmeet Arora, Mr. Harsh, Mr. Kapil Rustagi , Ms. Nidhi, Advocates for the Petitioner.
Mr. Virender Goswami, Ms. Soni Singh , Mr. Abhinay, Advocates for the Respondent.

JUDGMENT :

Rajiv Shakdher, J.

1. This is an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short the Act) against the order dated 06.09.2013, passed by the learned sole arbitrator, on an application, preferred under Section 9 of the Act by the appellant herein.

1.1 The appellant had filed a petition under Section 9 of the Act, whereupon this court vide order dated 25.02.2013, passed an interim order of injunction qua the respondents herein, in respect of, land admeasuring 175.19 acres situate in Village Manjari, Pune, State of Maharashtra (hereinafter referred to as the land in issue). The said petition was disposed of vide order dated 23.07.2013, whereby, inter alia, directions were issued with the consent of the parties to the effect that a retired Judge of the Supreme Court be appointed as a sole arbitrator in the matter; who would be empowered to deal with the petition as an application under Section 17 of the Act. Pending disposal of the application, interim order dated 25.02.2013, was to remain operable. The arbitrator, was to be given the liberty to vacate or modify or affirm or even expand the scope of the order, if necessary, in accordance wit










































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