KUMAR SACHIN. Vs. MANOJ KUMAR SAHU

JUDGEMENT

(1.) The instant application has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.

(2.) The brief facts of the case, as per the pleadings made in the application, read as under:

(3.) The respondent, through his counsel, appeared on 14/2/2022 before this Court and sought for time to file counter affidavit. Accordingly, counter affidavit was field on 4/3/2022 stating, inter alia, that the respondent has never entered into any MoU dtd. 3/10/2019 and has never agreed to either resign from the Directorship of the Company and/or transfer his shareholding in favour of anyone, much less in favour of either of the petitioners. It has further been submitted that MoU in question is forged document, enacted with a fraudulent purpose of cheating the respondent and in order to fraudulently take over complete control over the company including its Assets and Funds. The respondent has never entered into the arbitration agreement contained in MoU. Further, it would be evident from the subsequent paragraphs that the terms of alleged MoU, that alleged resignation and transfer of shareholding of the respondent are intrinsically related to the subject matter of dispute before the NCLT, Kolkata Bench in case no. CP/1093 (KB)2020 as such the dispute between the parties is inarbitrable and the instant application is liable to be dismissed in limine.