PIYUSH COLONISERS LIMITED Vs. JASVINDER PAL SINGH AND ORS
HIGH COURT OF UTTARAKHAND
Piyush Colonisers Limited
Jasvinder Pal Singh And Ors
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(2.) This appeal, is preferred by the appellant M/s Piyush Colonisers Limited under section 37 of Arbitration and Conciliation Act, 1996, challenging the order dated 02.04.2013, passed by learned District Judge, Udham Singh Nagar, in Arbitration Case No. 05 of 2011.
(3.) Brief facts of the case are that the appellant M/s Piyush Colonisers Limited entered into agreement with the respondents 1 to 7 for development of the land belonging to the respondents. It appears that there was an arbitration clause in the agreement between the parties. Admittedly an application was moved by the appellant M/s Piyush Colonisers Limited, before District Judge, Udham Singh Nagar, under section 9 of Arbitration and Conciliation Act, 1996, seeking interim relief / injunction restraining the respondents from alienating the property in question. Thereafter, the appellant appears to have moved an application before Hon'ble the Chief Justice in the form of Arbitration Petition No. 15 of 2012, which was disposed of vide order dated 01.03.2013, and Hon'ble Mr. Justice Irshad Hussain (Retd.) was appointed as nominee arbitrator. Thereafter, the District Judge, vide impugned order dated 02.04.2013, in Arbitration Case No. 05 of 2011 dismissed the application moved under section 9 of the Act without deciding the same on merits.;
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