M.M. Kumar, President - (1.) This is second application preferred by respondent No. 2 under section 45 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act') again with a prayer that the Tribunal may refer the parties and/or persons claiming through or under them to arbitration pursuant to arbitration agreement contained in para 40(b) of the erstwhile joint venture agreement dated 31st March, 1995, as amended. A further prayer has also been made to vacate the interim order passed on 16th September, 2013 which is continued later. The earlier application being CA 94/2013 was dismissed as withdrawn on 30th January, 2014 without any permission to file fresh one on the same cause of action. Brief facts necessary for disposal of this application are that non-applicant-petitioner filed CP No. 110(ND)/2013 in September 2013 by invoking the provisions of section 397/398 of the Companies Act, 1956, with the grievance of oppression and mismanagement against the applicant-respondents. There has been plethora of applications filed by the parties. On the decisions rendered by the Company Law Board ('CLB') on those applications, the orders were challenged before the superior courts and the hearing before CLB was stayed. A perusal of the order sheet shows that at one stage, the matter was transferred to Chennai Bench which was brought back to Delhi Bench of the CLB after the orders were passed by Delhi High Court to that effect. A reference was made to Delhi High Court for issuance of criminal contempt on account of conduct of a counsel.
(2.) Thereafter, the arguments commenced and after the non-applicant -petitioner had concluded his arguments, the erstwhile CLB granted time vide order dated 10th September, 2015 to the non-applicant-petitioners to file written submissions. Accordingly, written submissions were filed. It is in the background of this chequered history that this second application has again been filed under section 45 of the Arbitration Act, curiously on the ground that in the written arguments, the non-applicant-petitioners have changed their stand.
(3.) In para 2 of the application, the following averments have been made: "Respondent No. 2 respectfully submits that it shall press the present application, if this hon'ble Tribunal forms a view that the new claim purported to be made by the petitioners in their written submissions dated 5th October, 2015 (which claim is not pleaded in, or relatable to, the company petition) (the "written submissions") can be considered by this hon'ble Tribunal.";