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2020 Supreme(Del) 1487

SANJEEV SACHDEVA
FULLERTON INDIA CREDIT CO. LTD. – Appellant
Versus
AFTAB AHMED – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjeev Sagar, Advocate.
For the Respondent:Mr. Maroof Ahmad, Advocate.

JUDGMENT :

Sanjeev Sachdeva, J.

CM APPL. 12608/2020 (Exemption)

Allowed, subject to all just exceptions. CM (M) 364/2020 & CM APPL 12607/2020 (stay)

1. The hearing was conducted through video conferencing.

2. Petitioner impugns order dated 21.02.2018 whereby petitioner was proceeded exparte and his application under Section 8 of the Arbitration and Conciliation Act, 1996 was dismissed in default. Petitioner also impugns order dated 06.02.2020 whereby petitioner's application under Order VII Rule 11 CPC read with Section 8 of the Arbitration and Conciliation Act, 1996 was dismissed. Petitioner also impugns order dated 13.03.2020 whereby application of the petitioner under Order IX Rule 13 CPC read with Section 151 CPC seeking setting aside order dated 21.02.2018 was dismissed.

3. Learned counsel for the petitioner submits that in case one opportunity is granted to the petitioner to file his written statement, petitioner shall not press his application under Section 8 of Arbitration & Conciliation Act, 1996 and his application under Section VII Rule 11 CPC.

4. Learned counsel for the respondent submits that in view of expeditious disposal of his Suit, he has no objection in case exparte ord

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