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2009 Supreme(SC) 1746

J.M.PANCHAL
Geo-Group Communications Inc – Appellant
Versus
IOL Broadband Ltd. – Respondent


Advocates appeared:
For the Appellants : Mahesh Agarwal, Nakul Mohta, E. C. Agrawala, Advs., for the Appellant
For the Respondents:V. Chandrashekar, Bhupender Yadav, R. C. Kohli, Advs., for the Respondent

ORDER

By filing the instant application under Section 11 (6) of the Arbitration and Conciliation Act, 1996, the applicant Company has prayed to appoint Mr. Justice D.R. Dhanuka (a retired Judge of Bombay High Court) “ as Sole Arbitrator for adjudicating the disputes that have arisen between the applicant and the respondent Company under the Share Subscription and Shareholders Agreement dated December 1,2005.

2. The facts emerging from the record of the case are as under: -

The applicant, i.e., Geo-Group Communications, Inc., is• a company incorporated under the laws of Delaware USA, having its principal office at USA. It is engaged in business of providing telecommunication services. The respondent, i.e., IOL Broadband Limited is a company registered under the Companies Act, 1956. It is a commercial Metro Ethernet Fiber Network Infrastructure company and is engaged in delivery of broadcast-quality television/video signals to subscribers over a broadband connection using the Internet Protocol (IPIV). The applicant entered into a Share Subscription and Shareholders Agreement (for short SHA) dated December 1, 2005 with Exatt Technologies Private Limited (for short Exatt), which was a C











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