DEVASHIS BARUAH
SMC Global Securities Ltd. – Appellant
Versus
MR Piyush Khemani – Respondent
JUDGMENT :
Devashis Baruah, J.
The instant Appeal is an Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act of 1996’) challenging the order dated 14.08.2017 passed in Misc.(J) Case No.149/2014 whereby the application filed under Section 34 of the Act of 1996 was dismissed.
2. The brief facts leading to the filing of the instant Appeal are that the respondent No.1 herein had opened a Trading and Demat Account with the Appellant Company by executing a member client agreement. On the basis thereof, the respondent No.1 was given a Unique Client Code being CXO 0075. It is relevant to mention that the respondent No.1 had opened the Trading and Demat Account with the Appellant Company through its authorized person (AP) one Swapna Rani Paul. However, the business of the said authorized person was looked after by one Swarup Paul, her son. It is the further case of the respondent No.1 that he applied for initial public offer of Coal India Limited through the Appellant Company in October, 2010 and he was allotted 100 shares of Coal India Limited which was lying in his Demat Account with the appellant Company. It was alleged that the authorized person reques
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