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2017 Supreme(J&K) 873

NKG Infrastructure – Appellant
Versus
GRANCO Industries – Respondent


Advocate Appeared:
For the Appellant :Mr. Jehangir Iqbal Ganie, Sr. Advocate with M/S Mr.Syed Faisal Qadri, Moksha Kazmi, Tejaswi Shetty, Vaseen Aslam, Akash Johari & Raj Mohan Gupta, Advocates.
For the Respondent:Mr. Mohsin Qadri, Advocate.

JUDGMENT :

1. The appellant, a company incorporated under the provisions of Companies Act, 1956 having its corporate office in Gaziabad (U.P.), is in appeal against the order dated 25.11.2017 passed by the Principal District Judge, Srinagar (hereinafter referred to as “the Court below”) in an application filed by respondent No.1 under Section 9 of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 (hereinafter referred to as “the Act”).

2. The factual antecedents leading upto the filing of this appeal, as are necessary for the disposal of this appeal, may be summed up in the following manner:-

The Chief Engineer, 31 Zone C/o 56 APO vide his letter No. 180869/142-E8 dated 24.12.2010 bearing Contract No.CESZ-06/2010-11 awarded a contract to the appellant-Company for construction of dwelling units and allied services for married accommodation project map phase-II at LSRC Leh. The appellant entered into a Memorandum of Understanding with one firm, namely, M/S G.R.Nagvi and Co. for carrying out the work aforesaid. The firm M/s G.R.Nagvi and Co. amalgamated with respondent No.1-Company, as a result whereof all assets and liabilities of M/S G.R.Nagvi and Co. were taken over by the re

















































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