S.RAVINDRA BHAT, A.K.CHAWLA
Nirmala Jain – Appellant
Versus
Jasbir Singh – Respondent
S. RAVINDRA BHAT, J.
1. Issue notice. Sh. Aditya Malhotra and Sh. P.S. Bindra, Advocates accept notice on behalf of the respondents. With learned counsels’ consent, the appeal was heard finally – as the record of the learned Single Judge was available electronically.
2. The appellants in this appeal under Section 37 of the Arbitration and Conciliation Act [hereafter “the Act”] are aggrieved by the order of the learned Single Judge made under Section 9 of the Act, in effect, permitting impleadment of a third party to the arbitration proceedings. The appellants are also aggrieved by the direction of the learned Single Judge, whereby the premises (which are the subject matter of arbitration proceedings), had been sealed pendente lite, were required to be desealed.
3. The essential facts are that the appellant and her husband were shareholders in one M/s. SS Leasing and Finance Limited [hereafter “the debtor company”] - a closely owned entity. The property, owned by Sh. R.L. Jain was mortgaged to the UCO Bank in 1986 to secure an advance by the bank. Since the debtor company defaulted in the fulfilment of its obligation to repay the loan, proceedings were initiated under the Rec
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