CM APPL. 5043/2021
Allowed, subject to just exceptions.
Accordingly, the application stands disposed of.
FAO (COMM) 29/2021 & CM APPL. 5042/2021
1. Present appeal has been filed challenging the order dated 08 th January,
2021 passed in OMP (I) (Comm.) No. 116/2020 (hereinafter referred to as
FAO (COMM) 29/2021 Page 1 of 12
„the impugned order‟) whereby the petition filed by the appellant/petitioner
under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter
referred to as the „Act, 1996‟) was dismissed with costs.
ARGUMENTS ON BEHALF OF THE APPELLANT
2. Learned counsel for the appellant/petitioner stated that the respondent
had itself in its ledger sent along with email dated 28 th August, 2020
admitted liability towards the appellant/petitioner to the tune of
Rs.14,73,292.99/- out of Rs.31,55,228/-. He submitted that discretionary
relief enshrined under Section 9 of the Act, 1996 should have been exercised
in the present case as there was adequate material on record leading to a
definite conclusion that the respondent had “admitted its liability”. In
support of his submission, he relied upon the following judgments:-
A. Rajendran and Others Vs. Shankar Sundaram and Others, (2008) 2
SCC 724, wherein it has been held as under:-
Source: Indian Kanoon