VIJAY SEKHRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in these two writ petitions is to a common order passed on 20 th July 2010 by the Company Law Board ("CLB") in CA No. 469 of 2009 in CP No. 78/ND/2009 (Vijay Sekhri & Ors. v. Tinna Agro Industries Ltd & Anr.) and CA No. 468 of 2009 in CP No. 79/ND/2009 (Vijay Sekhri & Ors. v. Tinna Oils and Chemicals Ltd. & Anr.). By the impugned order common to both petitions, the CLB allowed the applications filed by the Respondents under Section 45 of the Arbitration & Conciliation Act, 1996 ("AC Act") in the above matters and referred the disputes arising out of both CP Nos. 78 and 79 of 2009 for arbitration as contemplated by the share holders agreements ("SHAs") dated 21 st April 2004 and 28 th February 1998 respectively.

(2.) In this Court while Writ Petition (C) No. 7558 of 2010 corresponds to CP No. 79/ND/2009 concerning Tinna Oils and Chemicals Ltd. ("TOCL"), Writ Petition (C) No. 7559 of 2010 corresponds to CP No. 78/ND/2009 and concerns Tinna Agro Industries Ltd. ("TAIL").

(3.) TAIL is a joint venture between ADM Interoceanic Ltd. ("ADM"), Respondent No. 4 in Writ Petition (C) No. 7559 of 2010, and Tinna Overseas Ltd. ("TOL"), Respondent No. 5 in Writ Petition (C) No. 7559 of 2010. TOCL is a joint venture between ADM and Tinna Finex Ltd. ("TFL"), Petitioner No. 3 in Writ Petition (C) No. 7558 of 2010.