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2018 Supreme(Del) 1068

NAJMI WAZIRI
Nirmal Singh – Appellant
Versus
Yashwant Jain – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Kapoor and Ms. Rekha Giri, Advocates.
For the Respondents:Mr. Lalit Gupta and Mr. Siddharth A., Advocates.

JUDGMENT :

NAJMI WAZIRI, J.

CAV 26/2018

1. Counsel for the caveator/ respondents enters appearance. Caveat stands discharged.

FAO 21/2018 & CM APPL. 1584-1586/2018

2. This is an appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (in short the Act) against the order dated 25.09.2017 passed by the learned Additional District Judge (South District), Saket Courts, New Delhi, in Arb. Petition No.20706/16 filed under section 34 of the Act, which had challenged the Award dated 23.12.2015.

3. The order is impugned under section 37(1) of the Act, on the ground that the counter-claim of the appellant was not considered and, therefore, there is perversity in the Award. The additional grounds are that the agreement dated 13.04.2005 does not reflect the real and true terms and conditions of the understanding between appellant no.1 and respondent no.1; the said document is forged; the signatures of appellant no.1 on various other documents too are forged; the appellant is an uneducated person, does not understand Gurumukhi or English and has been a victim of fraud and misrepresentation committed by respondent no.1 and his associates; the cash receipts produced by respondent no.1, purp




































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