LAWS(BOM)-2014-5-18

AJIT B. KERKAR Vs. SHAILENDRA P. MITTAL

Decided On May 08, 2014
Ajit B. Kerkar Appellant
V/S
Shailendra P. Mittal Respondents

JUDGEMENT

(1.) HEARD Mr. Dessai, learned Senior Counsel appearing on behalf of the petitioners and Mr. Jagtiyani, learned Senior Counsel appearing on behalf of the respondents.

(2.) BY this revision application, the petitioners have taken exception to the order dated 23/05/2012, passed by the learned Civil Judge, Senior Division, Vasco -da -Gama, Goa ('trial Court'), on an application under Section 8 of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act', for short), filed by the petitioners, in Special Civil Suit No. 07/2007/A.

(3.) THE petitioners claim that on 15/06/2000, they took over the possession, control and management of BBR and that on 27/01/2007, SM, TWL and TWHL tried to dispossess them from BBR. Disputes arose between the parties with regard to the management of BBR governed by MOU and sale of shares of TWHL, under the SHA. Some of the disputes related to the SHA with regard to non -transfer of 50% shareholding in THWL in favour of THPL. Other disputes related to the management of BBR covered by MOU. Some incidental and consequential disputes were also there relating to accounts, etc..