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2017 Supreme(Del) 3576

RAJIV SAHAI ENDLAW
Concrete Solutions – Appellant
Versus
Sany Heavy Industry India Pvt Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.S. Sastry & Mr. Siddhartha Jain, Advs.
For the Respondent: Mr. Amaresh K. Singh & Mr. Brijesh Singh, Advs.

JUDGMENT :

1. On 24th July, 2017, when this petition came up first before this Court, inter alia the following order was passed:

“CM(M) No.753/2017 & CM No.25715/2017 (for stay).

5. This petition under Article 227 of the Constitution of India though intended to impugn the order dated 6th April, 2017 in M. No.8748/16 of the Court of the Additional District Judge-01 (South), Saket Courts, New Delhi, but in the prayer paragraph seeks setting aside of the order dated 4th July, 2017. There is however no order dated 4th July, 2017.

6. The counsel for the petitioner to, in future, be careful and read before signing the petitions preferred in the Court.

7. On an application of the petitioner/defendant under Section 8 of the Arbitration and Conciliation Act, 1996, the suit from which this petition arises were on 4th July, 2014 disposed of as under:-

“Thus, as defendant has taken objection at the first available movement, the application of the defendant is allowed with the direction that necessary steps be initiated by the defendant for appointment of the arbitrator upto 30.09.2014. In case the defendant does not initiate any steps for appointment of arbitrator before 30.09.2014, the plaintiff sh


































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