2024 (6) TMI 430

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....ndent : Ms. Sweta Gandhi, Adv. ORDER The Court: Learned counsel appearing for the petitioner and the respondent relies on several clauses of an Agreement for Assignment executed between the petitioner and the respondent on 17th January, 2019. By the said Agreement, the petitioner assigned its loans in favour of the respondent. Besides the other clauses, Clause 2.3 provides for collection of ....

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....th the Agreements. 4. The petitioner's claim and cause of action solely centres on the GST component which the respondent was to give to the petitioner. 5. The contested issues were decided in a judgment passed by this Court in a series of applications filed by the petitioner covering the same points of adjudication. The judgment is dated 9th August, 2023 whereby the arbitration petitions we....

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....t have a bearing on the petitioner's claim or demolish the petitioner's claim in totality. Admittedly, the respondent received receivables from the renters during subsistence of the Agreement between the respondent and the renters. Hence, any amount which the respondent collected as part of the GST component from the renter/s would be the petitioner's entitlement in terms of the two Assignment Agr....