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2023 Supreme(Del) 2108

NAJMI WAZIRI, SUDHIR KUMAR JAIN
Goyal Mg Gases Pvt. Ltd. – Appellant
Versus
Panama Infrastructure Developers Pvt. Ltd. – Respondent


Advocates appeared:
Mr. M.A. Niyazi, Mr. Vinay Juneja, Ms. Kirti Bhardwaj and Mr. Arquam Ali, Advocates, for the Appellant.
Mr. Ajay K. Jain and Mr. Pulkit Agarwal Advocates, for the Respondents.

JUDGMENT

Sudhir Kumar Jain, J. The present appeal has been filed under section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") read with section 13 of the Commercial Courts Act, 2015 to impugn the order dated 05.07.2019 passed by the learned Single Judge in O.M.P. (COMM) 235/2019.

2. Briefly stated, the relevant facts are that the respondents were owners of 11 windmill assets consisting of land, load and machines in Karnataka and entered into 5 separate sale agreements dated 02.09.2016 for the sale of aforesaid 11 windmill projects, as ongoing business/units to the appellant for the sale consideration of Rs.19.62 crores and Addendums were also executed on 02.09.2016 to aforesaid Agreements to Sell.

2.1. The appellant had paid Rs.1.96 crores as advance under the Agreements to Sell and the Addendums dated 02.09.2016 to the respondents. The appellant was required to carry out due diligence in 30 days subject to the fulfillment of the conditions i.e. permission by seller/O&M Contractor for the site inspection and receipt of all required documentation by the appellant within 30 days.

2.2. The appellant vide e-mail dated 08.09.2016, requested

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