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2018 Supreme(J&K) 418

TASHI RABSTAN
Ramesh Chand Kathuria – Appellant
Versus
Trikuta Chemicals (P) Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr.. Harish Malhotra, Mr.. C.S. Azad.
For the Respondents: Mr.. Z.A. Shah, Mr.. Vipin Gandotra.

JUDGMENT :

1. Impugned in both Arbitration Applications is the Award dated 27th January 2012, passed by the Arbitrator, appointed by this Court vide order dated 5th June 2009 in A.A. no.32/2008. Applications are taken ad seriatim.

A.A. No. 12/2012

2. Respondents plead that they approached petitioners with a proposal that respondents were owning an industrial plot of land admeasuring 08 Kanals situated at SIDCO Industrial estate, Bari Brahmana, Jammu, which respondent no.1 had acquired by means of a lease for a period of 90 years from J&K SIDCO vide registered Lease Deed dated 16th December 1995. Respondents also represented to petitioners that respondent no.2 is permanently registered SSI Unit and had a sanctioned power load of 1,000 KVA vide PDD Order no.289 of 1995 dated 29th September 1995. Respondents, it is averred, further represented that they were holding another industrial plot of land admeasuring 16 Kanals situated in SIDCO Industrial Estate, Bari Brahmana, Jammu, on lease hold basis in favour of respondent no.1, for which respondent no.2 was fully authorised to enter into a Memorandum of Understanding with petitioners. Based upon the representation made by respondents, peti

















































































































































































































































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