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2023 Supreme(Del) 322

YASHWANT VARMA
RAJ CHAWLA AND CO. STOCK AND SHARE BROKERS – Appellant
Versus
NINE MEDIA AND INFORMATION SERVICES LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mohit Chaudhary, Kunal Sachdeva, Sanyukta Gupta.
For the Respondents: Vinayak Bhandari, Bhavninder Singh.

ORDER :

1. This petition styled as being under Section 15 of the Arbitration and Conciliation Act, 1996 [the Act] seeks the appointment of a substitute arbitrator in respect of disputes and differences which arose between parties and emanate from a Memorandum of Understanding [MoU] dated 24 August 2016. The consideration of the issues that stand raised herein do not require the Court to either record or examine the substance of the disputes that arose except to note that it appears to stem from a transaction pertaining to the purchase of 2200 shares of Hero Honda Motors and the claim of the petitioner of payments due from the respondents in connection therewith.

2. For the purposes of sketching out the backdrop in which the present petition came to be preferred before this Court, it is pertinent to note that arbitration is shown to have commenced consequent to the issuance of a notice dated 04 March 2018 referable to Section 21 of the Act. Ultimately and on a petition preferred under Section 11 of the Act which was numbered as Arb. Pet. No. 476/2018, this Court taking notice of Clause 14 in the MoU, by its order of 03 August 2018 proceeded to constitute an Arbitral Tribunal in the fo

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