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2023 Supreme(Del) 4866

VIBHU BAKHRU, AMIT MAHAJAN
Smc Global Securities Limited – Appellant
Versus
Pankaj Singh @ Love Kumar – Respondent


Advocates appeared:
Mr. Shreyas Jain, Advocate, for the Appellant.
None, for the Respondents.

JUDGMENT

Vibhu Bakhru, J.

1. The appellant (SMC Global Securities Ltd.) has filed the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 05.09.2022 (hereafter `the impugned order'), passed by the learned Commercial Court in ARBTN No.5350 of 2017 captioned SMC Global Securities Ltd. v. Pankaj Singh (earlier known as Love Kumar) and Anr.. By way of the impugned order, the learned Commercial Court had dismissed the appellant's application under Section 34 of the A&C Act for setting aside the arbitral award dated 15.06.2017 (hereafter `the impugned award') rendered by the Appellate Arbitral Tribunal constituted under the National Stock Exchange (NSE) Bye Laws, Rules and Regulations (hereafter `the Appellate Arbitral Tribunal'). In terms of the impugned award, the Appellate Arbitral Tribunal, had upheld an arbitral award dated 16.03.2017, made by the learned Sole Arbitrator (hereafter `the Arbitral Tribunal'), allowing respondent no. 1's claim to the extent of Rs.1,09,706/-.

2. The appellant is registered as a company under the provisions of the Companies Act, 1956, having its registered office at 11/6B Shant

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