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Vinay Jain vs Iifl Finance Ltd. on 30 September, 2022

Bench: Sanjay Kishan Kaul, Abhay S. Oka

     ITEM NO.10                               COURT NO.3                     SECTION XIV

                                   S U P R E M E C O U R T O F          I N D I A
                                           RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 26532/2022

     (Arising out of impugned final judgment and order dated 05-04-2022
     in ARB P. 1147/2021 and ARB P.1170/2021 passed by the High Court of
     Delhi at New Delhi)

     VINAY JAIN ETC.                                                           Petitioner(s)

                                                      VERSUS

     IIFL FINANCE LTD.                                                        Respondent(s)

     (FOR ADMISSION and I.R. and IA No.133806/2022-CONDONATION OF DELAY
     IN FILING and IA No.133807/2022-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT )

     Date : 30-09-2022 This petition was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                             HON'BLE MR. JUSTICE ABHAY S. OKA


     For Petitioner(s)                 Mr.   Sunil Fernandes, Adv.
                                       Mr.   Zeeshan Diwan, Adv.
                                       Ms.   Priyansha Indra Sharma, Adv.
                                       Ms.   Muskan Surana, Adv.
                                       Ms.   Nupur Kumar, AOR

     For Respondent(s)                 Mr.   V. Giri, Sr. Adv.
                                       Mr.   Suresh Dutt Dobhal, AOR
                                       Mr.   Shikhar Kumar, Adv.
                                       Mr.   Nirmal Goenka, Adv.
                                       Mr.   Gaurav Aggarwal, Adv.
                                       Ms.   Ankita Gupta, Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Delay condoned.

The petitioner must be blamed for the self inflicted wound by Digitally signed by RASHMI DHYANI Date: 2022.09.30 unnecessarily 17:43:52 IST Reason: raising the issue of fraud in proceedings under 1 Section 11 of the Arbitration and Conciliation Act, 1996. Now that the matter has gone to arbitration, learned counsel for the petitioner submits that jurisdiction in respect of this aspect was actually before the Arbitrator. We are thus not inclined to interfere under Article 136 of the Constitution of India more so at the behest of such petitioners but we do clarify that the findings in the impugned judgment would not come in the way of the petitioner raising all defences as are permissible in law including of fraud.

The special leave petitions are dismissed. Pending application stands disposed of.

(RASHMI DHYANI PANT)                                           (POONAM VAID)
  COURT MASTER                                                  COURT MASTER




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