NIMISH K VASA Vs. ANIL JAIN

JUDGEMENT

(1.) ON 26. 04. 2006 the Designated Judge had made an order appointing sole Arbitrator. However, when the said order was carried by way of appeal before the Apex Court, vide order dated 18. 09. 2006 in Civil Appeal No. 4175 the following order came to be made by the Apex Court :

(2.) THIS petition for appointment of an Arbitrator under the provisions of section 11 (6) of The Arbitration and Conciliation Act, 1996 (the Act) is based on a share holders agreement (the Agreement) stated to have been entered into by the parties on 04. 04. 2000 (when the said Agreement has been actually executed sometime in October/november 2001) and Memorandum of Understanding (Mou) executed on 10. 04. 2000.

(3.) ON 10. 04. 2000 when the Mou between the petitioner and the respondent was entered into the project was for manufacture and sale of Para Anisic Aldehyde and other related products and the objective was :