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2023 Supreme(Del) 4208

V. KAMESWAR RAO
A. Es Engineers Private Limited – Appellant
Versus
Ugro Capital Limited – Respondent


Advocates appeared:
Ms. Sonam Gupta, Mr. Devansh Arya, Mr. Saumay Kapoor and Ms. Bahuli Sharma, Advocates, for the Petitioner.
Dr. Amit George, Mr. Nitesh Mehra, Mr. Amol Acharya, Ms. Anumeha Singhai, Ms. Rayadurgam and Mrs. Hitakshi Mehra, Advocates, for R-1.
Ms. Ekta Rai and Mr. Aadil Khan, Advocate, for R-2.

JUDGMENT

V. Kameswar Rao, J.

1. The petitioner has filed the present Petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (`Act of 1996', for short) seeking appointment of a three-member Arbitral Tribunal to adjudicate disputes between the petitioner and the respondents.

2. The petitioner is a small enterprise, registered under the Micro, Small and Medium Enterprises Development Act, 2006, and is engaged in the business of manufacturing and supplying cast iron products such as crane parts casting, tractor parts castings and other motor parts.

3. The respondent No. 1, M/s. UGRO Capital Limited, is a Non- Banking Financial Company (NBFC) within the meaning of the Reserve Bank of India Act, 1934.

4. The respondent No. 2, M/s. Kiran Udyog Pvt. Ltd, is a company involved in the business of manufacturing and marketing automobile components globally. The petitioner would supply its products to respondent No.2, which would be utilized by respondent No.2, in manufacturing of automobile components and parts.

5. The case of the petitioner is that the petitioner and the respondent No.2 had business relationship in early 2019, whereby the petitioner supplied goods to

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