LAWS(CL)-2014-6-5

FOURCEE INFRASTRUCTURE EQUIPMENTS (P.) LTD. Vs. GENERAL ATLANTA SINGAPORE FUND (P.) LTD.

Decided On June 27, 2014
Fourcee Infrastructure Equipments (P.) Ltd. Appellant
V/S
General Atlanta Singapore Fund (P.) Ltd. Respondents

JUDGEMENT

(1.) BY this order, I propose to deal with the Company Applications being CA No. 271 of 2013 under section 45 of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act') filed on behalf of respondent Nos. 1 and 2/applicants therein, CA No. 113 of 2014 filed by the petitioners/applicants and CA No. 114 of 2014 filed on behalf of the respondent No. 1/applicant herein. In CA No. 271 of 2013, the respondent Nos. 1 and 2/applicants have prayed to pass an order thereby referring the disputes between the parties to the arbitration in terms of the arbitration clause as contained in the articles of association of the respondent No. 1 -company and shareholders agreement dated 21st December, 2011. The respondents/applicants have further prayed to dismiss the petition on the grounds stated therein.

(2.) IN CA No. 113 of 2014, the petitioners/applicants have sought for the following orders:

(3.) BEFORE , I proceed to consider the aforesaid applications, it seems useful to refer few facts leading to filing the above applications here as under. It is to be noted that for the purpose of easy comprehension, the parties are referred to as per their ranking in the company petition hereinafter :