RITE APPROACH GROUP LTD Vs. ROSOBORONEXPORT

JUDGEMENT

(1.) M/s. Rite Approach Group Ltd (hereinafter referred to as the appellant, for short) has filed the present Appeal against the Order dated 25th May, 2004 passed by the learned Single Judge rejecting it's application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act, for short).

(2.) Learned counsel for the appellant has relied upon the decision of the Court of Appeal in the case of Mareva versus International Bulkcarriers reported in (1980) 1 All.ER 213 and submitted that M/s.Rosoboronexport (hereinafter referred to as the respondent, for short) is liable to pay to the appellant, commission of Rs.28.8 crores on sale of six helicopters by M/s Kazan Helicopters Ltd. to Border Security Force. Reliance is placed upon agency agreement between the appellant and M/s Russian Technologies and it claimed that the respondent herein has taken-over the said company. It is submitted that the Government of India should be injuncted by Mareva injunction from making full payment of the two helicopters to the respondent and the respondent should be restrained from dealing with the said helicopters.

(3.) Detailed facts have already been noted by the learned Single Judge in the impugned Order and are therefore not reproduced. However, the learned Single Judge in the impugned Order has noted that the Government of India is not a party to the so called arbitration clause existing between the appellant and the respondent. Contention of the respondent that the respondent was not an agent of the appellant, dealings between the appellant and M/s Russian Technologies were separate and independent and agency agreement is not binding on the respondent and other pleas were raised.