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2017 Supreme(Del) 2651

S.RAVINDRA BHAT, S.P.GARG
SORIL INFRA RESOURCES LIMITED (FORMERLY KNOWN AS STORE ONE RETAIL INDIA LIMITED) – Appellant
Versus
ANNAPURNA INFRASTRUCTURE PVT. LTD. – Respondent


Advocate Appeared:
For the Petitioner:Sh. Sandeep Sethi, Sr. Advocate with Sh. Sudhir Sharma, Sh. Akhil Anand, Sh. Abhisek Swaroop, Sh. Abhishek Shivpuri and Sh. Ritesh Kumar, Advocates.
For the Respondent:Sh. Vijay Nair with Sh. Prashant Jain, Advocates, Sh. Manish Sharma with Sh. Nimad Dogra, Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The appellant – M/s. Soril Infra Resources Limited [formerly known as “Store One Retail India Limited” and hereafter referred to as “Store One”] challenges an order of a learned Single Judge rejecting its objection under Section 34 of the Arbitration and Conciliation Act, 1996 [hereafter referred to as “the Act”].

2. The brief facts are that M/s. Pragya Products Pvt. Ltd. [hereafter referred to as “Pragya”] entered into a Memorandum of Understanding (MoU) with Store One on 23.03.2004. Under the MoU, Pragya agreed to participate in a public auction by the Delhi Development Authority (DDA) of a commercial plot measuring 8710 sq. meters at Shalimar Bagh. On its part, Store One agreed that if Pragya became the successful bidder it would lease about 70,000 square feet at a rent of Rs.55/- per sq. ft. per month. In the auction, Pragya was declared successful and was the lessee under the Perpetual lease deed dated 08.10.2004 with the DDA. It proceeded to construct a commercial complex on the plot. On 09.12.2004, Pragya entered into an agreement to sell with M/s. Annapurna Infrastructure Pvt. Ltd. [hereafter referred to as “Annapurna”] and M/s. Paliwal Overs



















































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