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DELHI HIGH COURT
RAJIV SHAKDHER
Uttam Chand Rakesh Kumar – Appellant
Versus
Derco Foods – Respondent
JUDGMENT
Rajiv Shakdher, J.
Table of Contents
Preface:
Background facts:
Submissions on behalf of the plaintiffs:
Submissions on behalf of Derco:
Analysis and reasons:
Conclusion:
Preface:
1. This is an application filed by the defendant i.e. Derco Foods [hereafter referred to as Derco] under Order VII Rule 11 of the Code of Civil Procedure, 1908 [in short "CPC"] read with Section 45 of the Arbitration and Conciliation Act 1996 [in short "1996 Act"].
1.1. Derco, via this application, seeks a direction for referring the parties to arbitration in terms of the arbitration agreement obtaining between them. Besides this, Derco also seeks rejection of the plaint under Order VII Rule 11 of the CPC. In addition, thereto, costs are also sought by Derco.
1.2. Notice in this application was issued on 27.07.2020. After pleadings in the application were completed, the judgement was reserved.
Background facts:
2. To render a decision in the application, the following broad facts are required to be noticed as adverted to in the pleadings filed by the parties and based on the documents placed on record.
2.1. Plaintiff no. 1 is a partnership firm. Plaintiff no. 2 and 3 are partners in plaintiff
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