Sunair Hotel Ltd. vs Vls Finance Ltd. on 12 April, 2017

1. The present order proposes to deal with the preliminary objections raised
by the Respondent in these two petitions – OMP (Comm.) Nos. 16 and 17 of
2016 – that being fundamentally defective and time-barred, they ought to be
dismissed in limine.

2. These two petitions, under Section 34 of the Arbitration and Conciliation
Act 1996 (‘Act’), challenge the impugned Award dated 18th July, 2015
passed by the Sole Arbitrator. OMP (Comm.) No. 16/2016 has been filed by
Sunair Hotel Ltd. („SHL‟) whereas OMP (Comm.) No. 17/2016 has been
filed by Mr S.P. Gupta (Petitioner No.1) and his two sons Mr Kaveen Gupta
and Mr Vipul Gupta (Petitioner Nos. 2 and 3 respectively) (hereafter
collectively referred to, where the context requires, as ‘Guptas’). The
Respondent in both these petitions is VLS Finance Ltd. („VLS‟).

Source: Indian Kanoon

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