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2016 Supreme(Del) 2709

MANMOHAN SINGH
GAUR DISTRIBUTORS – Appellant
Versus
HATHWAY CABLE & DATACOM LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sugriva Dubey, Adv.
For the Respondents: Mr.Navin Chawla, Adv. with Ms.Sonali Jaitly, Mr.Jaiyesh Bhakhshi & Mr.Sachin Sharma, Advs.

JUDGMENT :

MANMOHAN SINGH, J.

1. The petitioner has filed the abovementioned petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”) seeking for the appointment of an Arbitrator.

2. The brief facts of the case as per the petitioner are that the petitioner executed an agreement with the respondent on 23rd November, 2011 and the said agreement was executed at Delhi office at AB-6, Safdarjung Enclave, New Delhi.

3. The petitioner on 15th January, 2013 sent a letter to the respondent that it had invested huge amount, however, outstanding amount from September, 2012 was not released to the petitioner. It is stated that the respondent without serving any notice to show cause locked every prime channel from 24th January, 2013 to 2nd February, 2013, though on 28th January, 2013 there was an engagement function of the son of the petitioner and 1000 persons assembled at the office of the petitioner and started causing nuisance and used filthy languages against the petitioner and the family, due to which the image of the petitioner was tarnished who also suffered huge loss. Thereafter, the petitioner wrote a letter to the respondent on 24th J






























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