DAYAN KRISHNAN Vs. AMRITA PANDA

JUDGEMENT

(1.) The present appeal filed under Sec. 37(2)(b) of the Arbitration and Conciliation Act, 1996 ("the Act") has been preferred by the appellant, RCCIVL-RKIPL LLP, assailing the orders dated 25/1/2021 and 8/4/2021 passed by the learned Arbitrator, in the arbitration proceedings pending between the appellant and the respondent Nos. 1- 5.

(2.) The appellant (Respondent No. 2 in the Arbitration Proceedings) was incorporated as a Limited Liability Partnership on 13/7/2018 for undertaking works as a sub-contractor of Corsan Corviam Construction SA in relation to the project for fourlaning of the Haridwar -Nagina Sec. of National Highway No. 74, from Km 0.00 to Km 71.614 in the State of Uttarakhand and U.P under NHDP Phase IV.

(3.) The respondent No. 1, RCC Infraventures Ltd., ("RCCIVL") was a partner in the appellant LLP and retired pursuant to a Deed of Reconstitution dtd. 5/1/2020. Respondent No. 2, RCC EcoBuild Systems Ltd., ("RKIPL") is the sister concern of respondent No. 1. Respondent No. 3 is the Managing Director of respondent No. 1; respondent No. 4 is the Managing Director of respondent No. 2; and respondent No. 5, DMI Finance Pvt. Ltd., is the financier of the appellant and was respondent No. 1 in the arbitration proceedings. Respondent Nos. 1 - 4 were Claimants in the arbitration proceedings.