BHUPINDER SINGH MACHRE Vs. VIVEK VARMA

JUDGEMENT

(1.) Arbitration Petition No. 315 of 2012 has been filed by Mr. Bhupinder Singh Machre [Petitioner No.1] and Mrs. Rajinder Kaur ('RK'), wife of BSM, [Petitioner No.2] (hereafter collectively referred to as 'the BS Group') against Mr. Vivek Varma, Mrs. Sangita Varma, wife of Mr. Vivek Varma [Respondent Nos.1 and 2 respectively] and Mr. Manoj Sachdeva [Respondent No.3] (hereafter collectively referred to as 'the Varma Group') under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('Act') praying, inter alia, for the appointment of a third/presiding arbitrator to adjudicate upon the disputes that have arisen between the parties in the course of implementation of an Award dated 7th August 2007.

(2.) Earlier the BS Group had filed OMP No. 394 of 2011 against the Varma Group on 19th May 2011 under Section 9 of the Act to restrain the Varma Group from initiating or continuing any proceedings against the BS group in any Court, whether domestic or international, in respect of the subject matter of the agreement dated 7th August 2007 and an Award of the same date "save and except through arbitration under the Agreement." A prayer was also made to restrain the Respondents from transferring or alienating or creating any interest in the shares held by them in Haikawa Industries Pvt. Ltd. ('HIPL') and Tristar Air-conditioning Pvt. Ltd. ('TAPL').

(3.) The case of the BS Group is that they have been engaged in the business of manufacturing and dealing in refrigeration equipment since 1972. Respondent No.1 was carrying on the business of manufacturing and sale of condensing cooling coils and evaporator coils under the name and style of Pole Star Pvt. Ltd. ('PSPL'), having its manufacturing unit at Thane, Maharashtra. Respondent No.1 was one of the suppliers of the above components to the two companies promoted by the BS Group, i.e., Western Refrigeration Pvt. Ltd. ('WRPL') and Indo Western Refrigeration Pvt. Ltd. ('IWRPL').