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2018 Supreme(Del) 756

YOGESH KHANNA
Sumer Arora – Appellant
Versus
Manoj Kumar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rakesh Khanna, Mr. Pavan Kr. Chaturvedi, Mr. A.B. Singh, Ms. Shefali Jain, Ms. Seema Rao, Mr. Bushee Kezum.
For the Respondents: Mr. A.K. Singla, Mr. Parmanand Yadav.

JUDGMENT :

YOGESH KHANNA, J.

1. The petitioner has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’) for setting aside the arbitral award dated 12.08.2016.

2. The petitioner has challenged the impugned award on the grounds as follows:-

(a) The respondent on the basis of the frivolous arbitration award dated 12.08.2016, wherein petitioner had neither participated into the alleged arbitration proceedings nor was provided any opportunity or even served with any notice of the arbitration proceedings or consented for the appointment of the learned sole arbitrator Justice R.B. Misra (Retired) for the alleged arbitration proceedings has hatched criminal conspiracy in connivance with respondent No. 2 and his father Sh. Mahesh Kumar and misrepresented before the arbitrator in fraudulent arbitration proceeding which was conducted at 503, Adiswar Apartment, 34, Feroz Shah Road, Connaught Place, New Delhi in which the alleged award dated 12.08.2016 was passed in favour of respondent No. 1 and also further played trick to get the award transferred in the name of respondent no. 2.

(b) The whole arbitration is based upon an alleged a






























































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