Rajeev Kumar Singh v. Shyam Lal & ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 131/2016 RAJEEV KUMAR SINGH ..... Appellant Represented by:

Mr.S.S. Tripathy, Adv.

versus SHYAM LAL & ORS ..... Respondents Represented by:

None

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 28.11.2016 CM No. 43917/2016 Exemption is allowed subject to all just exceptions. FAO(OS) (COMM) 131/2016 1.

We find no merit in the appeal for the reasons two very pertinent facts and legal consequences therefrom flowing have been rightly noted in para 9 of the impugned order dated September 30, 2016. 2.

The agreement on which appellant rests its case is dated February 28, 2003. `3 crores had to be paid by the appellant to respondent Nos.1 to 5 by June 30, 2005. As per the appellant it had tendered some cheques which if encashed would have resulted in payment in a sum of `1.35 crores being received.

3.

In the petition filed under Section 9 of the Arbitration & Conciliation FAO(OS) (COMM) 131/2016

Act 1996, date when said cheques were tendered and not encashed have not been pleaded.

4.

Be that at it may, the fact of the matter would remain that for view taken by the learned Single Judge no case is made out to grant interim protection as prayed.

5.

The appeal is dismissed.

6.

No costs.

PRADEEP NANDRAJOG, J YOGESH KHANNA, J NOVEMBER 28, 2016 neelam FAO(OS) (COMM) 131/2016