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2019 Supreme(Raj) 718

PRATAP KRISHNA LOHRA
Indian Potash Limited – Appellant
Versus
Bohra Industries Ltd. – Respondent


Advocates Appeared:
For the Appellant :M.R. Singhvi, Senior Advocate assisted by Manish Kaushik and Ravinder Singh
For the Respondents: Vikas Balia, Hemant Ballani, Samarpit Gupta and Rishi Soni

ORDER :

Pratap Krishna Lohra, J.

1. Petitioner/Non-applicant, by the instant revision petition under Section 115 CPC, has laid challenge to order dated 05.04.2016 passed by Addl. District Judge No. 2, Udaipur (for short, 'learned Court below'). The learned Court below, by the impugned order, rejected petitioner's application under Order 7 Rule 11 CPC in a petition under Section 34 of the Arbitration & Conciliation Act, 1996 (for brevity, hereinafter referred to as 'Act'), for setting aside arbitral award, filed on behalf of non-petitioner/applicant.

2. Succinctly stated, facts of the case are that there existed business relations between rival parties and during subsistence of these relations a dispute cropped up. Considering the dispute arbitrable, on behalf of petitioner an application under Section 11 of the Act is preferred before High Court of Delhi. After hearing the application, Delhi High Court appointed Retd. Chief Justice of Punjab & Haryana High Court Shri Mukul Mudgal as sole arbitrator. Likewise, non-petitioner/applicant too made endeavour to agitate its cause before this Court for referring the dispute to the arbitrator. This Court, vide judgment/order dated 8th of Augus

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