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2020 Supreme(Del) 1269

HIMA KOHLI, ASHA MENON
Morgan Securities & Credits Pvt. Ltd. – Appellant
Versus
Videocon Industries Ltd – Respondent


Advocates Appeared:
Simran Mehta, Advocate, Rohit Puri, Advocate, Anshul Masih, Advocate, Arjun Pall, Advocate, Sadhika Gulati, Advocate

JUDGMENT

Hima Kohli, J. - Subject matter of challenge in the present appeal is the judgment dated 7.2.2019, passed by the learned Single Judge in respect of two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, ''A&C Act''), one by the appellant herein (OMP No. 972/2013) and the other by the respondent (OMP No.665/2013). Both the petitions were directed against an Award dated 1.3.2013, passed by the learned Sole Arbitrator that was subsequently corrected on 29.4.2013. By the impugned judgment, the learned Single Judge has turned down the challenge laid by the respondent herein, Videocon Industries Ltd. (hereinafter referred to as ''Videocon'') to the Arbitral Award on two counts, firstly, that arbitration was invoked by the appellant herein, Morgan Securities & Credits Pvt. Ltd. (in short, ''Morgan'') against a non-existing company, namely, ''Videocon International'' for the reason that as on the date when the demand notice was issued by it i.e. on 10.1.2006, Videocon International had amalgamated with Videocon Industries and secondly, with a grievance against the high rate of interest awarded by the Sole Arbitrator. Both the said pleas have b

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