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2022 Supreme(Del) 443

SANJEEV SACHDEVA
Bhavanishankar H. Sharma Through His Power of Attorney Holder Sh. Satish Kumar Tiwari – Appellant
Versus
SRS Private Investment Powai Limite Through Its Authorized Signatory Mr. Rohit Dave – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajat Aneja.
For the Respondents: Ms. Shyel Trehan & Ms. Bhagua Yadav.

JUDGMENT :

Sanjeev Sachdeva, J.

1. Petitioner has filed this petition under Section 14(2) read with Section 15 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the Arbitration Act), seeking termination of the mandate of the Arbitral Tribunal and also for expunging the adverse and prejudicial remarks contained in order dated 05.10.2021 of the Arbitral Tribunal.

2. After some arguments, learned counsel appearing for the petitioner seeks to leave to withdraw the petition.

3. However, keeping in view of the averments made in the petition and also the written submissions, this court is not inclined to accede to the request of the petitioner.

4. It would be expedient to refer to the factual matrix which led to the passing of the subject order by the Arbitral Tribunal.

5. Respondent has filed the subject claim before the Arbitral Tribunal on 23.03.2021 of the value of approximately Rs. 248 cores besides interest.

6. In the year another creditor of the petitioners CBRE, South Asia Private Limited had approached the National Company Law Tribunal (NCLT for short) seeking winding up of the Petitioner under the Insolvency and Bankruptcy Code.

7. By order 23.08.2021, NCLT issued

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