GODREJ INDUSTRIES LIMITED Vs. COLIN MARIO REBELLO

JUDGEMENT

(1.) These four appeals arise from the orders passed in two Arbitration Petitions, which were heard together by the learned single Judge. By the impugned order dated 11 May 2012, the learned single Judge has allowed the arbitration petitions and has restrained the appellants from in any manner dealing with certain shares of Gharda Chemicals Ltd. The issues raised in these appeals being common, they are heard together and disposed of by this common judgment.

(2.) Arbitration Petition No. 444 of 2012 was filed by Jer Rutton Kavasmaneck and Darius Rutton Kavasmaneck. Arbitration Petition (L) No. 398 of 2012 was filed by Colin Rebello. Godrej Industries and Aban and Percy Kavasmaneck were contesting respondents in the petitions. These two sets of respondents in the arbitration petitions have filed the present four appeals. Along with the appeals we have also taken up two Arbitration Applications filed by Jer and Darius Kavasmanecks, and Colin Rebello under section 11 of the Arbitration & Conciliation Act, 1996 (the Act) for appointment of arbitrator.

(3.) Some of the parties are related. Jer is the mother of Darius and Percy. Percy and Aban are husband and wife. Maharukh is the sister of Darius and Percy. Colin and Conrad Rebello are not part of the Kavasmaneck family and they are espousing their cause alongside Jer and Darius. When five parties viz. Jer, Darius, Percy, Aban and Maharukh are together they are referred to as 'Kavasmanecks'. Colin and Conrad Rebellos together are referred to as 'Rebellos'. When Kavasmaneks and Rebellos were together, they are referred to as 'minority shareholders'. The parties who filed the arbitration petitions are referred to as 'petitioners'. Godrej Industries is referred to as 'Godrej'. Gharda Chemicals Ltd. is referred to as 'the Company'.