ASHIS KUMAR CHAKRABORTY, J. - (1.) The petitioner, in this application under section 9 of the Arbitration and Conciliation Act, 1996, as amended by Act No. 3 of 2016 (in short "the Act of 1996") is a company duly incorporated under the appropriate laws of Mauritius, having its registered office at Mauritius. The petitioner currently holds 35 per cent of the paid up share capital of the respondent no. 2, on a fully diluted basis.
(2.) The respondent no. 1 is a company, incorporated under the Companies Act, 1956 and being within the meaning of the Companies Act,2013 and currently holds 65 per cent of the paid up share capital of the respondent no. 2, on a fully diluted basis.
(3.) The respondent no. 2 is also a company incorporated under the Companies Act, 1956 and being within the meaning of the Companies Act, 2013. The respondent no.2 is engaged in the business of setting up and operating a hotel, The West in, Kolkata. The respondent nos.1 and 2 are part of the SREI Group of companies and have their respective registered offices at the same address in Kolkata.;