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2019 Supreme(Del) 1297

RAJENDRA MENON, V.KAMESWAR RAO
SAMYAK PROJECTS PRIVATE LIMITED – Appellant
Versus
ANSAL HOUSING & CONSTRUCTION LIMITED – Respondent


Advocates Appeared:
Vivek Kohli, Adv., Sandeep Bhuraria, Adv., Neetika Bajaj, Adv., Prerna Kohli, Adv., Sunil Tyagi, Adv., Neeraj Kr Gupta, Adv.

JUDGMENT :

V. Kameswar Rao, J.

Cm. No. 6506/2019 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

CAV No. 130/2019

Learned counsel for the caveator has put in appearance.

Caveat stands discharged.

FAO(OS) 33/2019

1. The challenge in this appeal is to the order dated November 20, 2018 passed by the learned Single Judge in IA 14031/2018 which is an application filed by the appellant herein under Section 8 of the Arbitration & Conciliation Act, 1996 (for short 'Act of 1996').

2. Some of the relevant facts are that the respondent herein had instituted a suit under Order XXXVII of the CPC for recovery of Rs. 11,79,83,525/- pleading that (i) the appellant was the purchaser of land admeasuring 1.7 acres in Block A of Integrated Residential Colony called "Esencia" in the revenue estate of Village Badshapur, Tehsil and District Gurgaon, Haryana; (ii) that the defendant had entered into an agreement with Universal Buildwell Pvt. Ltd. (UBL) to undertake development and construction over the said land of which the UBL failed to perform its part of the agreement; (iii) that the appellant was in the process of finalizing the termination agreement with UBL a















































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