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december 2004

Supreme Court of India · 2004-12-06

Harinarayan G. Bajaj vs Rajesh Meghani & Anr

Citation / case number
AIRONLINE 2004 SC 591
Court
Supreme Court of India
Petitioner
Harinarayan G. Bajaj
Respondent
Rajesh Meghani & Anr
Author
Ruma Pal
Bench
Ruma Pal, Arijit Pasayat, C. K. Thakker

Judgment text excerpt

The Supreme Court upheld the validity of the arbitration proceedings initiated by the respondent under the Arbitration and Conciliation Act, 1996, specifically Section 34, despite the respondent being declared a defaulter by the NSE. The Court ruled that the transactions were completed prior to the declaration of default, thus allowing the respondent to pursue his claim for recovery of dues. The Court affirmed the Division Bench's decision to set aside the requirement for the appellant to deposit the awarded amount, emphasizing the need for adherence to the NSE's rules and byelaws regarding defaulters.

Harinarayan G. Bajaj vs Rajesh Meghani & Anr · Niyam