P.K. Saikia, Member - (1.) This application under section 8 of the Arbitration and Conciliation Act, 1996 ('the Act of 1996') has been filed by the respondent No. 1, (namely, Calcom Cement India Ltd.) and respondent No. 2, [namely, Dalmia Cement (Bharat) Ltd.] in CP No. 143/2015 seeking reference of CP No. 143/2015 to arbitration in view of arrangements made in shareholder's agreements dated 16th January, 2012 as well as in the shareholder's agreement dated 30th November, 2012. Dalmia Cement (Bharat) Ltd. ('Dalmia group') and Calcom Cement India Ltd. ('the company') would also be referred to hereinafter as the applicant No. 1 and applicant No. 2, respectively. The shareholder's agreements dated 16th January, 2012 and in the shareholder, agreement dated 30th November, 2012 would be referred to hereinafter as SHA-I and SHA-II, respectively.
(2.) I have heard Dr. U.K. Chaudhary, learned senior counsel for the applicant No. 2, assisted by learned counsel Mr. Atul Sood, Mr. Soumitra Saikia, Mr. Raktim Gogoi, Mr. Himanshu Vij, Mr. Pabitra Saikia. I have also heard Mr. D Baruah and Miss Nirmala Upadhya, learned counsel for applicant No. 1.
(3.) Also heard Mr. S.N. Mukherjee, Mr. S. Dutta, learned senior counsel, appearing for the non-applicants/petitioner Nos. 1-9 assisted by Mr. S. Mitra, advocate, Ms. S. Dalmia, advocate. I have also heard Mr. P. Chatterjee, learned senior counsel appearing for non-applicants/petitioner Nos. 10-15, assisted by counsel, Mr. O. Chatterjee, and Ms. N. Modi.;