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2021 Supreme(Del) 599

C. HARI SHANKAR
Sanjay Arora – Appellant
Versus
Rajan Chadha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jayant K. Mehta, Ms. Madhavi Khare, Mr. Apoorva Bhumesh and Mr. Pranay Chitale, Advs.
For the Respondent: Mr. Rajshekar Rao, Mr. Rohan, Jaitley, Mr. Bhuvanesh Sehgal, Mr. Akshay Sharma, and Mr. Kartik Sundar, Advs.

JUDGMENT :

1. This appeal, under Section 37(2)(b), [37. Appealable orders –

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(2) An appeal shall also lie to a Court from an order of the arbitral tribunal –

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(b) granting or refusing to grant an interim measure under section 17]. of the Arbitration and Conciliation Act, 1996 (the 1996 Act), is directed against the order dated 1st July, 2020, passed by the learned sole arbitrator.

2. Before proceeding to advert, in detail, to the facts of the case, I deem it appropriate to dispose, at the outset, of one of the objections raised by the appellant to challenge the impugned order.

Re. contention regarding absence of “urgency”

3. The dispute pertains to the respective liabilities of Appellant No. 1, Sanjay Arora vis-a-vis Rajan Chadha and Rajiv Chadha (Respondents 1 and 2, referred to, hereinafter, as “the Chadhas”) and Sumit Gupta and Shilpa Gupta (Respondents 3 and 4, referred to, hereinafter, as “the Guptas”) qua a loan availed by Appellant No. 2, M/s RBT Pvt. Ltd. (“RBT”) from South Indian Bank (“the Bank”), against which a property located at C-11/4, Arjun Marg, DLF City, Phase-1 -

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