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2021 Supreme(Del) 539

SURESH KUMAR KAIT
DLF Home Developers Ltd. – Appellant
Versus
Shipra Estates Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Pinaki Misra, Mr. Jatin Mongia, Ms. Meghna Mishra, Mr. Ankit Rajgarhia, Mr. Arjit Benjamin, Ms. Aishwariya Chaturvedi.
For the Respondents: Ms. Gauri Rishi, Ms. Srishti Juneja, Mr. Sanampreet Singh, Mr. Rajiv Nayar, Mr. Rishi Agrawala, Mr. Manish K. Jha, Mr. Karan Luthra, Mr. Ankit Banati, Ms. Vishrutyi Sahni.

JUDGMENT :

SURESH KUMAR KAIT, J.

I.A. No. 10082/2021 (u/s 149 r/w Section 151 CPC)

1. The application is allowed with direction to file requisite notarized affidavit, court fees and process fees within six weeks.

Arb. Pet. No. 762/2021 and I.A. No. 10080-10081/2021 (exemption)

2. The present petition has been preferred under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 by the petitioner- a company incorporated under the Companies Act, 1956 to resolve the dispute with respondents.

3. Respondent No. 1 is a private company and respondent No. 2, again a private company, is wholly owned subsidiary of respondent No. 1. Respondent No. 3 is the Promoter of respondent No. 1. Respondent No. 4 is a limited company.

4. The dispute amongst the parties pertains to a piece of land admeasuring 73 acres [2,95,421 square meters] situated in Sector 128, Noida, District Gautam budha Nagar, Uttar Pradesh. According to petitioner, respondent No. 2 is the sub-lessee of the land in question, which was mortgaged with respondent No. 4 to obtain loan for respondent No. 1. Petitioner entered into an Agreement to Sell dated 30.05.2021 with respondent Nos. 1 to 4 with respect to the la

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