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2016 Supreme(Del) 2843

MANMOHAN SINGH
TAXUS INFRASTRUCTURE AND POWER PROJECTS PVT. LTD. – Appellant
Versus
SCHNEIDER ELECTRIC INDIA PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.D.Ray Choudari, Sr. Adv. with Mr.Madhu Sudan Bhayana, Adv.
For the Respondent: Mr.Sujoy Kumar, Adv.

JUDGMENT :

MANMOHAN SINGH, J.

1. The petitioner has filed the petition under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”) for seeking the directions about the Constitution of one Member Tribunal i.e. Mr. R.C. Lahoti, Former Chief Justice of India to act as sole Arbitrator in place of three learned Arbitrators and direct the Center of Arbitration as constituted by this Court to adjudicate the disputes between the parties.

2. Admittedly, disputes arose between the parties. On 29th August, 2012 Settlement Agreement was executed between the parties whereby the petitioner unequivocally and in full and final settlement was obligated to pay Rs.13.50 crores and hand over certain postdated cheques detailed therein.

3. By order dated 15th May, 2013 the petition being OMP No.427/2013 filed by the petitioner under Section 9 of the Act for restraining the respondent from encashing certain postdated cheques in relation to the Settlement Agreement dated 29th August, 2012 with liberty to the petitioner to approach the Arbitral Tribunal under Section 17 of the Act was dismissed.

4. On 13th July, 2013 Procedural order No. 1 was passed by the Arbit



















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