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SUPREME COURT OF INDIA
Pamidighantam Sri Narasimha, Alok Aradhe, JJ
Rajiv Gaddh – Appellant
Versus
Subodh Parkash – Respondent
| Table of Content |
|---|
| 1. factual history regarding the arbitration agreement and attempts to appoint an arbitrator. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. application of order 23 rule 1 of cpc to section 11 proceedings and the bar on re-litigation after abandonment. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. final order allowing the appeal and quashing the high court decision. (Para 20) |
ALOK ARADHE, J.
1. Leave granted.
2. This appeal arises from the order dated 08.11.2024 passed by the Punjab and Haryana High Court (High Court) whereby application filed by the respondent under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) was allowed and sole arbitrator was appointed. In order to appreciate the challenge laid by the appellant to the impugned order, it is necessary to set out relevant facts which are stated hereinafter.
3. The parties jointly participated in an auction conducted by marlas Jammu & Kashmir Bank for auction of 550 of land Signature Not Verified Digitally signed by KAPIL TANDON Date: 2026.04.01
1 R 5 e : a 3 s 8 o :5 n :
IST situated in Hoshiarpur, Punjab (‘the Hoshiarpur Land’). The primary bid in respect of said land was made through responden
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