ROHINI INDUSTRIAL ELECTRICALS LIMITED Vs. GOPAL M.KANDOI

JUDGEMENT

(1.) By this Petition filed under Section 8 of the Arbitration and Conciliation Act, 1996 (for short 'the said Act'), the Petitioner seeks that the Respondents be referred to arbitration under Clause 17(b) of the shareholders agreement or in the alternative under Clause 14.1.5 of the share purchase agreement.

(2.) Some of the facts emerge from the pleadings and documents filed by the parties are as under:-

(3.) The Petitioner is wholly owned, managed and controlled by the Respondents and their affiliates. Respondent No. 1 is the shareholder of the Petitioner and was a Executive Director till 31st March, 2010 and thereafter continued as a Director till 28th March, 2011 when he retired. Respondent No. 2 is a shareholder and Director of the Petitioner.