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2024 Supreme(All) 2250

ARUN BHANSALI, VIKAS BUDHWAR
Gaursons Promoters P. Ltd. – Appellant
Versus
Aakash Engineers And Contractors – Respondent


Advocates Appeared:
For the Appellant : Mayank Yadav, Nikhil Agrawal, Sanjay Kumar Mishra, Vivek Kumar Singh
For the Respondent: Abhay Mishra, Nirendra Mohan, Prateek Srivastava, Shailesh Kumar Tripathi, Shashank Dwivedi, Syed Safdar Ali Kazmi.

JUDGMENT :

(Vikas Budhwar, J.)

1. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) against the order dated 5.7.2021 passed by the Presiding Officer, Commercial Court, Gautam Budh Nagar in Arbitration Case No.110 of 2018 (Gaursons Promoters Pvt. Ltd. vs. Akash Engineers and Contractors) whereby the application preferred by the appellant-objector under Section 34 of the Act for setting aside the award dated 15.6.2018 of the Sole Arbitrator was rejected.

2. The case projected by the claimant-respondent before the sole Arbitrator is that it claims to be a sole proprietorship firm by the name and style of Akash Engineers and Contractors having its office at L-303, Rail Vihar, Alpha-Greater Noida, Uttar Pradesh. According to the claimant-respondent the appellant-objector, Gaursons Promoters Pvt. Ltd. which is a company incorporated under the provisions of the Companies Act, 1956 engaged in the constructions of commercial and residential project in an around the National Capital Region ( In short N.C.R.) approached the claimant-respondent sometime in the year 2011-12 with relation to the advertised projects namely G.E.C. Capital-10 at G

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