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2025 Supreme(Online)(Del) 5711

IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR, SUBRAMONIUM PRASAD, JJ
CANARA BANK – Appellant
Versus
SANJEEV SHARMA – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Rekha Rustagi
For the Respondents: Mr. Vinod Kumar, Mr. Sparsh Jhamb

Table of Content
1. judgment on first appeal regarding loan recovery. (Para 1 , 2)
2. facts surrounding loan agreement and mortgage execution. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
3. application under arbitration act regarding dispute resolution. (Para 10 , 11)
4. court's observations on pleadings and claims. (Para 12 , 13)
5. implications of bifurcating claims and arbitration clauses. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21)
6. discussion on interconnected agreements and arbitration applicability. (Para 22 , 23 , 24 , 25 , 26)
7. non-signatory principles and the role of consent in arbitration. (Para 27 , 28)
8. final rulings affirming previous judgment. (Para 29)

JUDGMENT

HARISH VAIDYANATHAN SHANKAR, J.

1. The present regular first appeal under Section 13 (1A) of the Commercial Courts Act, 2015 read with Section 96 of the Code of Civil Procedure, 1908 , [1CPC] has been filed against the Judgment dated 06.05.2022, [Impugned Judgment] passed by the learned District Judge, Commercial Court- 05, Central District, Tis Hazari, Delhi in CS (Comm) No. 4274/2021 titled as Canara Bank vs. Sanjeev Sharma And Ors., for remanding the case back to the learned District Judge for trial and adjudication on

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