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pramod yadav v divine infracon pvt ltd
pramod yadav v divine infracon pvt ltd
Vs.
J U D G M E N T
of dispute’.
2. The factual matrix for filing the application under section 9 of the
3. The ‘Corporate Debtor’ admitted the claim and stated that the claim
is based on the lease agreement dated 16th August, 2014 and was
terminated w.e.f. 4th April, 2016 and therefore, no default can be claimed
April, 2016 to June, 2017 which remained unpaid. Further, the case of
issued on 17th January, 2017 by the ‘Corporate Debtor’ and took plea
1996.
the agreement dated 16th August 2014, which came into effect from 10th
It was submitted that the Appellants has leased the premises for
commercial purposes which come within the meaning of ‘services’ for the
“Dated: 17.01.2017
To
Advocate
Yours faithfully
Sd/-
Authorised Representative”
respondent.”
10. In view of the fact that the arbitral proceedings commence since
11. In view of the aforesaid finding, we are not deciding the question as
NEW DELHI
4th July, 2018
AR