I.A.ANSARI
Sati Oil Udyog Ltd. – Appellant
Versus
Avanti Projects and Infrastructure Ltd. – Respondent
I.A. Ansari, J.
1. This is an appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 ('the Act of 1996') against the order, dated 24.2.2009, passed, in Misc. (Arbitration) Case No. 103/2009, by the learned District Judge, Kamrup.
2. The material facts and various stages, which have given rise to the present appeal, may, in brief, be set out as under:
(i) The applicant-respondent heroin, which is a company incorporated under the Companies Act, 1956, filed an application under Section 9 of the Act of 1996, the case of the applicant-respondent being, in brief, thus:
(a) The opposite party, (i.e., the appellants herein) are companies, registered under the Companies Act. The appellants approached the respondent to enter into a joint venture agreement with the respondent on the basis of their representation that the appellants were joint owners of the suit land, they had been in actual physical possession of suit land, some portions of the suit land were under the possession of a third party, who has a small marble godown under the appellants, but is willing to vacate the same and handover the possession thereof to the appellants. The respondent has taken a decis
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