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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB. A. (COMM.) 6/2020 & I.As.1742/2020, 1744/2020
M/S SOLITAIRE VENTURES PTE LTD & ORS. ..... Appellant
Through Mr.P.S.Bindra witih Mr.Ashish
Mohan, Advs.
Mr.Ashish Mohan with Mr.Akshit Mago, Advs for
petitioner no.2.

versus

M/S VIPUL LIMITED & ORS. ..... Respondent

Through Mr.Gaurav Duggal with Ms.Nidhi
Mohan Parashan, Advs for R-1 to 8.
Mr.Rahul Malhotra, Adv for R-9.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 11.03.2020

1. The present appeal under Section 37(2) of the Arbitration and

Conciliation Act, 1996 (Act) assails the order dated 12.12.2019
passed by the three member Arbitral Tribunal rejecting the appellant’s
application under Section 17 of the Act.
2. By way of the aforesaid application under Section 17 of the
Act, though the appellant had initially sought various reliefs, it had
pressed only prayers A & B, pertaining to land measuring 29.205
acres before the learned Tribunal.
3. A perusal of the impugned order shows that while rejecting the
application, the Tribunal had also noted the fact that the same reliefs
qua the very same land already stood rejected by this Court vide its

Signature Not Verified

DigitallySigned
By:MANJU BHATT
Signing Date:12.03.2020
14:47:44
 order dated 10.03.2015 passed in O.M.P. 1123/2012 and
O.M.P.624/2014, being petitions under Section 9 of the Act preferred
by the appellant. Learned counsel for the respondent, who appears
on advance notice submits that the very same pleas raised by the
appellant in the present appeal were also raised by the appellant in its
aforesaid two petitions under Section 9 of the Act and were
specifically rejected by this Court on 10.03.2015 and, therefore,
contends that the Tribunal was justified in rejecting the appellant’s
prayer seeking restraint orders qua the very same land measuring
29.205 acres. He, therefore, prays that the present appeal be
dismissed.
4. After some arguments, learned counsel for the appellant prays
for and is granted three weeks time to place on record copies of the
pleadings in O.M.P. 1123/2012 and O.M.P.624/2014 along with
supporting affidavit.
5. At request, list on 28.04.2020.

REKHA PALLI, J
MARCH 11, 2020/sr

Signature Not Verified

DigitallySigned
By:MANJU BHATT
Signing Date:12.03.2020
14:47:44