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2022 Supreme(Del) 676

SURESH KUMAR KAIT
Newgen Software Technologies Limited – Appellant
Versus
Oxygen Business Park Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Angad Sandhu and Ms.Tanya Mittal, Advs.
For the Respondent: Ms. Malvika Kapila Kalra, Ms.Nivriti Raniwala, Mr. Nikhil Ranjan Ahuja, Ms. Monisha Mane and Ms. Warisha Parkar, Advs.

JUDGMENT :

The hearing has been conducted through video conferencing.

I.A. 2070/2022 (Exemption)

1. Exemption is allowed with direction to file certified/true copies of dim annexures with margin within four weeks.

2. Application is disposed of.

ARB.P.144/2022

3. The present petition has been filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.

4. Pertinently, petitioner and respondent both are companies incorporated under the Companies Act, 1956 and petitioner is the leading provider of unified digital transformation platform with native process automation, content services and communication management capabilities. According to the petitioner, respondent is a Grade A office park in close proximity to the Noida-Greater Noida Expressway and it is one of only two SEA part in its submarket with excellent infrastructure, easy access to talented individuals and brilliant connectivity.

5. As per the averments made in the present petition, parties executed a Sub Lease Deed on 18.12.2014 for leasing out property located in the Special Economic Zone of Noida for a period of 6 years

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