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2022 Supreme(Del) 1750

MINI PUSHKARNA
Satinder Kumar Gupta – Appellant
Versus
Divine Infracon Private Limited – Respondent


Advocates appeared:
Mr. Ravi Sikri, Sr. Adv. with Ms. Akshita Raina, Mr. S.K. Gupta, Advocates., for the Petitioner; Mr. Vijay Kasana, Advocate. (M:9873416665, email:vijaydkasana@gmail.com), for the Respondents No. 1; Mr. Shrey Chathly, Advocate. (M:9910211045), for the Respondents No. 3 & 4

JUDGMENT

Mini Pushkarna, J. - The present petitions have been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called the Act) seeking appointment of a sole arbitrator for adjudication of disputes that have arisen between the petitioner on the one hand and respondents on the other hand.

2. It is the case of the petitioner that in the year 2015, petitioner was approached by respondent No.3 and his wife respondent No.4, partners of respondent No.2, seeking financial assistance in the form of loans. Pursuant thereto, petitioner agreed to provide the financial assistance to the respondent No.3 and 4, partners of respondent No.2, in the form of interest bearing loans.

3. It is the case of the petitioner that in order to fraudulently induce the petitioner into parting with his hard earned money and granting interest bearing loans, the respondent No. 3 and 4, partners of respondent No.2, had furnished a copy of board resolution of respondent No.2 dated 05.01.2015 to the petitioner, recording the factum of availing an interest bearing loan of Rs.3 crores from the petitioner, which was to be re-paid with interest at the commercial rate of 18% per annum com

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