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2021 Supreme(All) 1515

SUNEET KUMAR
Agtec Industries Private Limited – Appellant
Versus
Nikon Systems Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gaurav Tripathi, Syed Imran Ibrahim
For the Respondent: Syed Fahim Ahmed

JUDGMENT :

1. Heard Shri Gaurav Tripathi, along with Shri Syed Imran Ibrahim, learned counsel for the appellant and Shri H.N. Singh, learned Senior Counsel assisted by Shri Syed Fahim Ahmed, learned counsel for the opposite party.

2. The present appeal has been filed against the order dated 14 January 2021, passed by the learned Additional District Judge, Court No. 5, Gautam Budh Nagar, Noida, Uttar Pradesh in SCC Suit No. 09 of 2019 (M/s Nikon Systems Private Ltd. vs. Agtec Industries Private Ltd.). By the impugned order, the learned Court has rejected the application filed by the appellant/defendant under Section 8 of the Arbitration and Conciliation Act, 19961, declining to refer the parties to arbitration in terms of the registered rent agreement.

3. The facts giving rise in the present appeal, briefly stated, is that the opposite party, herein, is the landlord of the demised premises bearing No. 38-B, Udyog Vihar, Ecotech-II, Greater Noida, District Gautam Budh Nagar. The property was rented to the appellant for business and commercial purpose for manufacturing sheet metal and engineering goods. The parties reduced the terms of the agreement vide rent agreement dated 7 August 201

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