AJITKUMAR TRIBHOVANDAS PATEL Vs. ASIT ANILBHAI PATEL

JUDGEMENT

(1.) This petition filed under Sec. 11 of the Arbitration & Conciliation Act, 1996, (hereinafter referred to as "the Act of 1996") has been filed by the petitioners praying for appointment of an arbitrator.

(2.) Facts in brief are as under:

(3.) Mr.K.G.Sukhwani, learned counsel appearing for the petitioners would submit that the Non Compete Agreement dtd. 1/8/2011 is void and not enforceable. He would further submit that once the amendment was made in the Non Compete Agreement, by which, Annexure'B' was not to apply to the company Ammann Apollo India Limited, the petitioners were wrongfully blamed of having committed breach of any agreement as the petitioners cannot be restricted to manufacture the construction equipments for concrete application but can also manufacture construction equipments for asphalt and other road construction equipments.