Uttam Chand Rakesh Kumar vs Derco Foods

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Del) 1171

RAJIV SHAKDHER
Uttam Chand Rakesh Kumar – Appellant
Versus
Derco Foods – Respondent

Advocates Appeared:
Rajiv Nayar, Advocate, Gopal Jain, Advocate, Ajay Bhargava, Advocate, Aseem Chaturvedi, Advocate, Saurabh Seth, Advocate, Shivank Diddi, Advocate, Vikramaditya Deshmukh, Advocate, Shreni Shetty, Advocate, Amit Pai, Advocate, Rahat Bansal, Advocate

Table of Content
1. application for arbitration referral. (Para 1 , 2 , 3)
2. arguments presented by plaintiffs. (Para 4 , 5 , 7)
3. dispute context and claims. (Para 6 , 8 , 10)
4. court's duty under arbitration agreements. (Para 9 , 11 , 12)
5. validity of arbitration agreement. (Para 13 , 15)
6. conclusion on referring to arbitration. (Para 16 , 17)
7. final orders and closure of the case. (Para 18 , 19 , 20 , 21)

JUDGMENT

Rajiv Shakdher, J. - Preface: -

1. This is an application filed by the defendant i.e. Derco Foods [hereafter referred to as Derco] under Order VII Rule 11 of the Code of Civil Procedure, 1908 [in short "CPC"] read with Section 45 of the Arbitration and Conciliation Act 1996 [in short "1996 Act"].

1.1. Derco, via this application, seeks a direction for referring the parties to arbitration in terms of the arbitration agreement obtaining between them. Besides this, Derco also seeks rejection of the plaint under Order VII Rule 11 of the CPC. In addition, thereto, costs are also sought by Derco.

1.2. Notice in this application was issued on 27.07.2020. After pleadings in the application were completed, the judgement was reserved.

Background facts: -

2. To render a decision

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2020 Supreme(Del) 1171

RAJIV SHAKDHERUttam Chand Rakesh Kumar – AppellantVersusDerco Foods – Respondent

Cases Referred (27)

RAJIV SHAKDHER
Uttam Chand Rakesh Kumar – Appellant
Versus
Derco Foods – Respondent