TECH MAHINDRA LIMIRED Vs. VENTURE GLOBLE ENGINEERING LLC

JUDGEMENT

(1.) THIS batch of Civil Miscellaneous Appeals and Civil Revision petitions is in relation to the proceedings initiated under the Arbitration and Conciliation Act, 1996 (for short 'the Act ') between the parties herein. For the sake of convenience, the parties herein are referred to, as arrayed in C.M.A. No.832 of 2012.

(2.) THE 1st respondent is an American Company, with its principal activity in Automobile Engineering, having registered office at Michigan, United States of America (USA). The appellant is an Indian Company, mainly involved in the activity of information and Technology. It has also established its units abroad, particularly in USA. The 1st respondent evinced interest to work in collaboration with the appellant and to bring about a joint venture. Accordingly, it was decided on 11 -03 -1999, by both of them to bring about a Joint Venture, with the name, Satyam Venture Engineering Services Private Limited, the 2nd respondent herein.

(3.) THE same day, another document, viz., Non -competing Agreement (NCA) was also entered into. The gist of it is that neither the 1st respondent, nor the appellant shall undertake any activity, which would compete with that of the joint venture. This agreement also contains a clause, providing for arbitration, broadly on similar lines.