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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
IN THE MATTER OF:Tata Capital Limited Through Its Authorized Representative Satendra Yadav – Appellant
Versus
Krishna Kumar – Respondent
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act), seeking appointment of an Arbitrator, to adjudicate upon the disputes that have arisen between the parties.
2. Learned counsel for the petitioner has placed on record the affidavit of service of notice on the respondent which is extracted as under:
“AFFIDAVIT
I, Satendra Yadav, aged about 31 years Authorized Representative of Tata Capital Ltd. having its regional office at 9th Floor, Videocon Tower, Block E 1, Jhandewalan Extension, New Delhi-110055 the above named Deponent do hereby solemnly affirm and declare as under:
1. That I am the Authorized Representative of the Petitioner Company in the above noted case and well conversant with the facts and circumstances of the same, hence competent to swear the present affidavit.
2. That the copy of the entire paper book along the all· annexures has been sent to the Respondent through speed post vide consignment number SU002145484IN and as per the tracking report the same has been shown to be delivered to the Respondent. Copy of the Postal receipt along with tracking report annexed, herewith a
The court's role under Section 11 of the Arbitration and Conciliation Act is to determine the prima facie existence of an arbitration agreement without delving into the validity or merits of the disp....
The court held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
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