Amit Guglani vs L And T Housing Finance Ltd. Through-managing Director

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4008

JYOTI SINGH
Amit Guglani – Appellant
Versus
L And T Housing Finance Ltd. Through-managing Director – Respondent

Advocates appeared:
Mr. Manohar Lal and Mr. Chaitanya Rohilla, Advocates, for the Petitioners.
Ms. Taru Saxena, Advocate, for R-1.
Ms. Manmeet Kaur, Mr. Gurtejpal Singh, Ms. Suditi Batra and Ms. Gaurangi Khanna, Advocates, for R-2.

Table of Content
1. factual background of the agreements and loan. (Para 2 , 3 , 4 , 5 , 6)
2. arguments raised regarding arbitration clauses and jurisdiction. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. court's observations on the disputes and jurisdiction. (Para 20 , 21 , 25 , 27 , 31)
4. key legal principles regarding arbitration and dispute resolution. (Para 28 , 30 , 34)
5. conclusion and dismissal of the petition with future options. (Para 42 , 43)

JUDGMENT

Jyoti Singh, J.

1. This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') for appointment of a sole Arbitrator in accordance with Clause 27 of the Tripartite Agreement dated 24.10.2018.

2. Facts to the extent necessary and captured in the petition are that Respondent No.1/L&T Housing Finance Ltd./Lender is a company registered under the Companies Act, 1956 and is in the business of advancing finance in different categories such as home loans, auto loans, micro loans. Under the Scheme of Amalgamation by way of merger by absorption approved by NCLT, Mumbai and NCLT, Kolkata, Respondent No.1 has merged with L&T Finance Ltd. w.e.f. 12.04.2021. Respondent

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2023 Supreme(Del) 4008

JYOTI SINGHAmit Guglani – AppellantVersusL And T Housing Finance Ltd. Through-managing Director – Respondent

Cases Referred (8)

JYOTI SINGH
Amit Guglani – Appellant
Versus
L And T Housing Finance Ltd. Through-managing Director – Respondent