ZTE CORPORATION Vs. SIDDHANT GARG

JUDGEMENT

(1.) The appellant is aggrieved by the order dated 08.2.2012 wherein the application filed by him (Company Application No.2103/2011) under order I Rule 10 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as "the Code") seeking impleadment in the proceedings pending under Section 560(6) of the Companies Act, 1956 (hereinafter referred to as "the Act") had been dismissed.

(2.) Record shows that the company M/s Value Advisory Services Private Ltd. (VAS- hereinafter referred to as "the Company") was struck off from the Register of the Registrar of Companies (ROC) on 29.12.2006 which was pursuant to a Simplified Exist Scheme, 2003; it was on the application made by the company itself.

(3.) The appellant before this Court is M/s ZTE Corporation (a company based in China). The appellant and the company had entered into a consultancy agreement dated 01.01.2003; disputes arose between the parties which disputes were referred to arbitration in Singapore. Certain interim directions were passed in those arbitral proceedings. The company obtained a partial Award and its favour on 09.11.2009; final Award was passed on 23.7.2010 which, we have been informed, is of one million dollars exclusive of interest. These Awards had been passed in favour of the company and against the appellant.