47. 233 out-of 2004 hoping, inter alia, to possess good decree away from declaration the m&a preparations and the fresh second venture agreement try appropriate, subsisting and you may joining and therefore new range out of team of the jv organization included the fresh new produce, sale, shipment and you may service regarding whole selection of chlorination devices as well as electro- chlorination devices. Your order regarding injunction was also gotten superior site for international students restraining respondent Nos. 1 and dos from interfering by any means and you will/or blocking respondent No.5 off carrying out their providers out of purchases out of chlorination gadgets plus electro-chlorination equipment and that they getting not permitted to promote its products in Asia conserve and you will except from m&a business, into the conformity regarding term dos.5 of your Financial and you will Technology Learn-How License Agreement comprehend into Supplementary Collaboration Arrangement. Besides this, certain almost every other reliefs are also prayed to own.

Brand new respondent Nos

forty-eight. Following the institution of your own suit, as currently observed, brand new respondent Nos.step 1 and you can dos had terminated this new shared-venture arrangements vide sees dated 23rd finished plaint, specific prayer is made you to both these notices have been completely wrong, illegal and you can incorrect; when you look at the violation of m&a arrangements as well as no impression; plus the joint venture arrangements were binding and you may subsisting. Become precise, the latest appellant got claimed damages, report and you can injunction in the suit primarily counting on the newest preparations inserted on the amongst the functions. Contained in this match, before interim injunction ended up being supplied towards the latest appellant, that was next vacated from the appellate phase. step one and you can 2 submitted a credit card applicatoin under Point 8 of your Act, hoping having source of your match towards arbitral tribunal from inside the conformity into arrangement between the events. So it app try contested lastly determined by the new Higher Courtroom in preference of respondent Nos.1 and 2, vide buy dated next and come up with a reference of your suit in order to arbitration.

49. When you are elevating difficulty, both into issues and also in law, with the view of one’s Office Bench of your own Bombay High Court and make a reference of entire fit so you can arbitration, Mr. Fali S. Nariman, learned elderly the advice lookin to the appellant, provides boosted the following contentions :

step one. There was intrinsic right conferred on each people by the Area 9 of Code away from Civil Procedure, 1908, (to own small ‘CPC’) to carry a suit away from a municipal nature unless of course it’s banned from the a statute otherwise there is certainly zero contract limiting the fresh new get it done of such right. Although such condition try here (is invoked), the same could well be struck by the Area twenty-seven of your own Indian Offer Act, 1872 and you can under Indian laws, arbitration is only an exclusion to a healthy rather than an enthusiastic replacement for they. New appellant, in exercise of these right, had instituted a fit through to the Court out-of competent jurisdiction, on Bombay there getting no club around one statute so you can eg fit. New Judge could not provides delivered new suit for arbitration under the fresh new conditions of one’s 1996 Operate.

It is this Purchase of Section Table of the Higher Courtroom away from Bombay who may have considering rise to the present appeals before this Court

dos. Brand new appellant, are dominus litus toward fit, got included respondent Nos.step three and cuatro, who have been required functions. The fresh new appellant got said additional and you may type of reliefs. These participants had not been additional since functions towards match simply to prevent the arbitration condition however, there are substantive reliefs prayed for up against this type of participants. Except if the latest Court, in the do so of their power below Order I, Rule 10(2) of your own CPC, strike out the title ones events as being improperly joined, the option of your Higher Judge might be vitiated in-law since these parties undoubtedly just weren’t functions towards arbitration agreement.