RASHMI MEHRA Vs. EAC TRADING LTD

JUDGEMENT

(1.) Defendant Nos.1 and 2 have taken out this Notice of Motion for an order under Section 45 of the Arbitration and Conciliation Act, 1996, referring the disputes raised in the plaint to arbitration in accordance with the arbitration agreement contained in an Agreement to Invest dated 16.12.1994, a Shareholder's Agreement dated 16.12.1994 and a Foreign Collaboration Agreement dated 4.4.1995.

(2.) The disputes arise under the said agreements as also under a buy back agreement dated 1.6.1996 as amended/modified by an agreement dated 6.12.2000. The buy back agreements do not contain an arbitration clause. The question is whether in the facts and circumstances of the case the arbitration agreements in the other agreements apply to the disputes and differences under the buy back agreement.

(3.) Mr.Sen opposed the Notice of Motion on the following grounds :-