9911796707
TMI Blog2009 (7) TMI 1401X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the disputes which have arisen between the applicant and the respondents in respect of the implementation and working of agreements entered into between the applicant and the respondent No. 3 on the one hand and respondent Nos. 1 and 2 on the other hand on 29.1.2005 and the supplementary agreement between the same parties on 2.2.2005. 2. The applicant is a citizen of the United States of America and is a person of Indian origin. 3. Respondent No. 3, Dr. Vinod Kaura is the husband of the applicant, Vanna Claire Kaura. 4. Respondent No. 2, Anil Indulkar was doing business in Pharmaceuticals in USA and respondent No. 1, Gauri Anil Indulkar is his wife. Respondent No. 2 came in contact with the applicant and he represented to the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. There is a clause of arbitration in the said agreement. In the supplementary agreement entered on 2.2.2005 a small modification was made that inasmuch as respondent No. 1 undertook to transfer and convey the entire 25 acres of land owned by her to the applicant instead of the earlier agreed extent of 10 acres of land. Accordingly, respondent No. 1 did not transfer the land, as agreed. It is alleged that respondent Nos. 1 and 2 called a Board meeting of the company hurriedly to ensure that the applicant and respondent No. 3 could not know about the meeting and there was no possibility of their participation in the said meeting. In the said meeting, respondent Nos. 1 and 2 maneuvered to get a resolution passed to wind up the Water Park bus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of adjudicating and deciding the following disputes: a) Transfer conveyance of 25 acres of land, as mentioned in agreement dated 29.1.2005 and dated 2.2.2005, standing in the name of Guari Indulkar to the claimant Ms. Vanna Claire Kaura and her husband Dr. Vinod Kaura. b) Being shareholders of 1,67,000 number of equity shares of Rs. 100/- each of Splash Water Mountain Park Pvt.Ltd. in the name of Vanna Clair Kaura and same number of equity shares of Rs. 100/- each in the name of Dr. Vinod Kaura in terms of agreement dated 29.1.2005, action of Gauri Indulkar and Anil Indulkar to hand over the leased land to Lessor was illegal and consequently due to illegal closure of business of Splash Water Park Mountain Pvt. Ltd. they are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 1 and 2. In the reply affidavit, a number of preliminary objections have been taken. Respondent No. 1 submitted that the application filed by the applicant is not maintainable and is liable to be dismissed because there is no live dispute pending between the parties. It is also submitted by respondent No. 1 that the applicant has suppressed facts from this Court and has been indulging in forum shopping and the present application is liable to be dismissed on this ground alone. 10. It is further mentioned in the reply that the applicant has abandoned the arbitration clause. It is further mentioned that the MOU dated 7.6.2000 and subsequent agreement dated 29.1.2005 and the supplementary agreement dated 2.2.2005 were entered into by respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... doning the same cannot seek arbitration for the second time for the same cause of action. Respondent No. 1 also submitted that the present application is a clear abuse of the process of law and is liable to be dismissed. 14. I have heard the learned Counsel for the parties and carefully perused the MOU dated 7.6.2000 and agreement dated 29.1.2005 and the supplementary agreement dated 2.2.2005. 15. In my considered view, the dispute has arisen between the parties and it needs to be adjudicated and decided by an Arbitrator. Consequently, I request Hon'ble Mr. Justice S.N. Variava, a former Judge of this Court to accept this Arbitration and adjudicate and decide the dispute which has arisen between the parties. The learned Arbitrator would ..... X X X X Extracts X X X X X X X X Extracts X X X X
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