AMIT AGARWAL Vs. ATUL GUPTA

JUDGEMENT

(1.) These two writ petitions have been filed under Article 227 of the Constitution of India assailing the judgment and order dtd. 14/9/2023 passed by Commercial Court No.1, Meerut in Arbitration Case No.142 of 2022 (Old No.22 of 2016) and Arbitration Case No.143 of 2022 (Old No.72 of 2015) (Atul Gupta vs. Amit Agrawal and Anr.), allowing the application filed by respondent No.1 under Sec. 14(2) of Arbitration and Conciliation Act, 1996 (hereinafter called as "Act of 1996").

(2.) The facts in brief giving rise to the present petitions are that the petitioner Amit Agrawal entered into business of real estate in the year 1983. Respondent No.1 joined his business and both the petitioner and respondent No.1 carried on the business for quite a long time. In the year 2006, the dispute arose between them. The matter was referred to the sole arbitrator Pradeep Sharma on 25/1/2007.

(3.) An interim award was passed on 27/28/1/2007. Respondent No.1 challenged the interim award under Sec. 34 of the Act of 1996 before the District Judge, Meerut. Vide order dtd. 12/7/2018 the said application under Sec. 34 of Act of 1996 being Arbitration Case No.24 of 2007 was allowed. The petitioner filed First Appeal From Order No.3932 of 2018 challenging the said order before this Court. Respondent No.1 had filed Arbitration Case Nos.55 of 2007, 56 of 2007 and 65 of 2007 (Atul Gupta vs. Amit Kumar Agarwal and Anr.) under Sec. 9 of the Act of 1996 before District Judge, Meerut, which was dismissed on 7/11/2007.