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2023 Supreme(All) 1111

MANISH MATHUR
Sanjay Gupta – Appellant
Versus
Suresh Kumar Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prashant Singh Gaur, Vikrant Singh
For the Respondent: Virendra Mishra

JUDGMENT :

1. Heard Mr.Prashant Singh Gaur and Mr.Vikrant Singh, learned counsel for petitioner and Mr. Virendra Mishra, assisted by Ms. Shraddha Mishra, learned counsel for opposite party no.1. Opposite party no.2 being merely the Court concerned and being a proforma party, notices are dispensed with.

2. Petition under Article 227 of the Constitution of India has been filed challenging order dated 01.04.2023 passed in Misc. Case No.48 of 2023(Execution Case No.94 of 2020) whereby objections preferred by petitioner being judgment debtor, purportedly under Section 47 of the Code of Civil Procedure, 1908 has been rejected.

3. Learned counsel for petitioner submits that the parties to the dispute entered into a builders agreement dated 10.11.1996 with regard to the property in question but due to disputes arising out of the aforesaid agreement, the same was referred for adjudication to the sole arbitrator in an application filed under Section 11(6) of Arbitration and Conciliation Act, 1996(hereinafter referred to as the Act of 1996). Award in the same was pronounced on 12.01.2007 against petitioner and 19 others. Father of petitioner filed an Application under Section 34 of the Act of 19

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