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2018 Supreme(Del) 2352

JAYANT NATH
D. B Corporation Ltd. – Appellant
Versus
CHD Developers Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ankur Mody and Mr. Tarpit Patni
For the Respondents: Mr. Jeevesh Nagrath, Mr. Pratham Sharma and Mr. Rohan Ganpathy

JUDGMENT :

JAYANT NATH, J.

1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking to set aside the impugned award dated 28.10.2014 passed by the learned Arbitral Tribunal (hereinafter referred to as A.T.). Some of the relevant facts are that the petitioner Company is engaged in the business of publishing newspapers, periodical and other printing publications under the name of ‘Dainik Bhaskar’ and ‘Divya Bhaskar’, etc. The respondent is a public limited company engaged in the business of real estate and is developing housing and commercial complexes.

2. On 12th February, 2008, the parties entered into a Share Subscription Agreement whereby the respondent agreed to issue and allot 7,50,000 equity shares of the respondent company at a price of Rs.40/- per share, amounting to an aggregate consideration of Rs.3,00,00,000/-. On the same date, the parties also executed an “Advertising Agreement” wherein the petitioner agreed to issue advertisements in different print media in accordance with the agreed terms and conditions aggregating to Rs.3 crores. It is the contention of the petitioner that as per the underst


































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