Delhi High Court - Orders
Aditya Birla Finance Limited vs Shri Jagannath Memorial Educational ... on 3 October, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 251/2023
ADITYA BIRLA FINANCE LIMITED
..... Petitioner
Through: Mr.Satish Kumar, Mr.Mahip Datta,
Mr.Aman Vashisht, Advocates.
versus
SHRI JAGANNATH MEMORIAL
EDUCATIONAL TRUST AND ORS
..... Respondents
Through: Mr.Kirti Uppal, Senior Advocate with
Ms.Nishi Chaudhary, Mr.Shekhar
Kumar, Mr.Chandan Sinha,
Mr.Mayuresh Rishabh, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 03.10.2023
1. This petition is filed by the petitioner under Section 11 of Arbitration and Conciliation Act for appointment of an arbitrator to adjudicate the disputes between the parties.
2. It is the submission of the learned counsel for the petitioner, the respondent has availed a credit and term loan facility to the tune of Rs.20,00,56,000/- on 03.07.2019 subject to mutual agreed terms and conditions. A deed of guarantee dated 29.07.2021 was also executed by respondent nos.2 to 5 and twice the loan was restructured firstly on 21.07.2020 and secondly on 28.07.2021.
3. It is submitted on 15.07.2022 the loan was turned NPA and thereafter the demand notice was sent to the respondents for not adhering to the terms of the loan agreement(s). Admittedly, a civil suit bearing no. CS (SCJ) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 22:02:20 1534/2022 has been filed with the contention the petitioner had played a fraud upon the respondent herein and status quo against taking any coercive steps have been granted vide order dated 19.12.2022 by the learned Trial Court. The said order has been challenged by the petitioner herein in CRP 03/2023 but no stay has been granted. The said revision petition is listed on 17.11.2023.
4. As requested, list this petition on 21.11.2023.
YOGESH KHANNA, J.
OCTOBER 03, 2023 DU This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2023 at 22:02:20