MULHEIM PIPECOATINGS GMBH Vs. WELSPUN FINTRADE LIMITED

JUDGEMENT

(1.) BY this petition filed under section of the Arbitration & Conciliation Act, 1996, the petitioner seeks direction to refer respondent no. 1 to arbitration under clause 11.13 of Share Purchase Agreement (for short "SPA") and seeks dismissal of the suit (2287/11) filed by the first respondent in this court against the petitioner. Some of the relevant facts for the purpose of deciding this petition are summarized as under :

(2.) MPC may sell the balance 35,65,523 shares in monthly installment of 100,000 equity shares over a period of 3 or more years.

(3.) IS there a dispute, does it arise out of a defined legal relationship, whether contractual or not, and did the parties intend to have this particular dispute settled by arbitration?