- (1.) PRABIR KUMAR MAJUMDAR, J. : The petitioner has made this application under Section 41 of the Arbitration Act, 1940, inter alia, for an order restraining the respondent from claiming or obtaining or demanding 1,80,000 equity shares for Rs. 10/- each of the petitioner. This application has been moved in this Court after obtaining leave under Clause 12 of the Letters patent as according to the petitioner, a part of cause of action has arisen within the territorial limits of this Court.
(2.) THIS application under Section 41 of the Arbitration Act, 1940 has been made in a pending reference before Mr. Justice P. Rama Rao, a retired Judge of the High Court of Andhra Pradesh and Mr. O. P. Jhunjhunwalla an Advocate of this Court respectively nominated by the respondent and the petitioner. The joint Arbitrators appointed Mr. Justice Y. B. Chandrachud, a former Chief justice of India as Umpire.
(3.) THE facts in the case in short are that a collaboration agreement was entered into by and between the parties whereby the respondent agreed to provide technical know-how and other services to the petitioner in connection with the setting up of Vitreous Sanitary ware manufacturing Unit in orissa. This agreement has been entered into at Madras, and the agreement has to be substantially performed at Orissa. The disputes and differences arose between the parties and the same had been referred to the said Joint Arbttrators Mr. Justice P. Rama Rao (retiredjudge) and Mr. O. P. Jhunjhunwalla.;