REGENT COMPUTRONICS PVT. LTD.

Rakesh Malhotra Appellant

V/S

Rajinder Kumar Malhotra Respondents

Referred Judgements :-

FOSS V. HARBOTTLE [REFERRED TO]
NOKES V. DONCASTER AMALGAMATED COLLIERIES LTD. [REFERRED TO]
CHOCKALINGAM V. DURAISWAMI & ORS. [REFERRED TO]
SURENDRA KUMAR DHAWAN & ANR. V. R. VIR & ORS. [REFERRED TO]
RAJAHMUNDRY ELECTRIC SUPPLY CORPORATION LIMITED VS. A NAGESNWARA RAO [REFERRED TO]
RAJESWAR PRASAD MISRA VS. STATE OF WEST BENGAL [REFERRED TO]
DHULABHAI VS. STATE OF MADHYA PRADESH [REFERRED TO]
LUXMI TEA COMPANYLTD VS. PRADIP KUMAR SARKAR [REFERRED TO]
HARYANA TELECOM LIMITED VS. STERLITE INDUSTRIES INDIA LIMITED [REFERRED TO]
P ANAND GAJAPATHI RAJU VS. P V G RAJU DEAD [REFERRED TO]
P RAMACHANDRA RAO VS. STATE OF KARNATAKA [REFERRED TO]
SUKANYA HOLDING PRIVATE LIMITED VS. JAYESH H PANDYA [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED VS. PINKCITY MIDWAY PETROLEUMS [REFERRED TO]
DALE and CARRINGTON INVT PRIVATE LIMITED VS. P K PRATHAPAN [REFERRED TO]
S B P AND CO VS. PATEL ENGINEERING LTD [REFERRED TO]
SUMITOMO CORPORATION VS. CDC FINANCIAL SERVICES MAURITIUS LTD [REFERRED TO]
M S D C RADHARAMANAN VS. M S D CHANDRASEKARA RAJA [REFERRED TO]
EVEREST HOLDING LTD VS. SHYAM KUMAR SHRIVASTAVA [REFERRED TO]
BOOZ ALLEN AND HAMILTON INC VS. SBI HOME FINANCE LTD [REFERRED TO]
FUERST DAY LAWSON LTD VS. JINDAL EXPORTS LTD [REFERRED TO]
O P GUPTA VS. SHIV GENERAL FINANCE PRIVATE LIMITED [REFERRED TO]
VIJAY SEKHRI VS. UNION OF INDIA [REFERRED TO]
RICHARDSON AND CRUDDAS LTD VS. HARIDAS MUNDHRA [REFERRED TO]
SHANTI PRASAD JAIN VS. KALINGA TUBES LTD [REFERRED TO]
BENNET COLEMAN AND CO VS. UNION OF INDIA [REFERRED TO]
MANAVENDRA CHITNIS VS. LEELA CHITNIS STUDIOS P LTD [REFERRED TO]
SPORTING PASTIME INDIA LIMITED VS. KASTHURI AND SONS LIMITED [REFERRED TO]
DAS LAGERWAY WIND TURBINES LTD VS. CYNOSURE INVESTMENTS PRIVATE LTD [REFERRED TO]
BRIJLAL RAMJIDAS VS. GOVINDRAM GORDHANDAS SEKSARIA [REFERRED TO]
BRIJLAL RAMJIDAS VS. GOVINDRAM GSEKSARIA [REFERRED TO]
CHLORO CONTROLS (I) P. LTD VS. SEVERN TRENT WATER PURIFICATION INC [REFERRED TO]
MARIKAR MOTORS LTD. VS. RAVI KUMAR [REFERRED TO]
CDS FINANCIAL SERVICES (MARUTI) LTD. VS. BPL COMMUNICATIONS LIMITED AND OTHERS [REFERRED TO]

JUDGEMENT

(1.) Is a dispute brought before the Company Law Board invoking the provisions of Sections 397, 398 and 402 of the Companies Act, 1956 at all referable to a private tribunal, viz., an arbitral panel for resolution Does a decision of a foreign court on the question of whether a dispute is covered by an arbitration agreement bind the Company Law Board These are among the questions of law canvassed in this group of appeals.

(2.) The following table of contents is intended to serve as a guide to the structure of this judgment. A list of the authorities cited or referred is appended for convenience.

(3.) All eight appeals, under section 10F of the Companies Act, 1956, are directed against an order dated 31st January 2013 of the Company Law Board ("CLB"). One Rakesh Rajinder Malhotra is the Appellant in the first four appeals: Company Appeal (L) No. 10 of 2013, Company Appeal (L) No. 11 of 2013, Company Appeal No. 23 of 2013 (Company Appeal (L) No.12 Of 2013), Company Appeal No. 24 of 2013 (Company Appeal (L) No. 13 of 2013). Rakesh Malhotra's father, one Rajinder Kumar Malhotra, is the Appellant in Company Appeal No. 15 of 2013 (Company Appeal (L) No. 16 of 2013). He and his wife, Rakesh's mother, Veena Rajinder Malhotra are the two Appellants in Company Appeal No. 18 of 2013 (Company Appeal (L) No. 19 of 2013). One Sapphire Properties Private Limited is the Appellant in Company Appeal No. 16 of 2013 (Company Appeal (L) No. 17 of 2013). One RSM Properties Private Limited is the Appellant in Company Appeal No. 17 of 2013 (Company Appeal (L) No. 18 of 2013). Rakesh is the contesting Respondent in these four appeals, all in the nature of cross-appeals.

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RAKESH MALHOTRA Vs. RAJINDER KUMAR MALHOTRA

Referred Judgements :-

JUDGEMENT

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