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IN THE HIGH COURT OF DELHI AT NEW DELHI
Harish Vaidyanathan Shankhar, J
Catalyst Trusteeship Limited – Appellant
Versus
Sanjay Sahni – Respondent
| Table of Content |
|---|
| 1. existence of a valid arbitration agreement and dispute between parties. (Para 1 , 2 , 3 , 4 , 5) |
| 2. referral court’s limited jurisdiction is restricted to verifying existence of the arbitration agreement. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. conversion of pending section 9 interim petitions to section 17 applications under the arbitral tribunal. (Para 16 , 17 , 18 , 19 , 20 , 21) |
ARB.P. 1981/2025, ARB.P. 2011/2025, ARB.P. 2017/2025
1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, [“ the Act ”] seeking an order to constitute an Arbitral Tribunal comprising of an Arbitrator to adjudicate the disputes between the parties.
2. The facts are that the Petitioner is registered as a debenture trustee under the SEBI (Debenture Trustee) Regulations, 1993 and was appointed as the debenture trustee by Swastik Homebuild Private Limited ("Principal Borrower") under the Debenture Trustee Agreement dated 11.01.2021.
3. The debenture trustee had advanced loans by subscribing to the debentures of Swastik Homebuild Private Limited. To secure the investment, a Debenture Trust Deed and a Deed of Guarantee were entered into be
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