JUDGMENT :

Surinder Singh Nijjar, J.

1. Leave granted.

2. These civil appeals have been filed against the order and judgment dated 5th October, 2012, passed by the Bombay High Court in CWP Nos.7804 of 2009 and 7636 of 2009. The Bombay High Court by the impugned order dismissed both the aforesaid Civil Writ Petitions.

3. Appellants No.2 and 3 (members of the Mehra family) and the Respondent No.1 (a company incorporated under the laws of Germany, having its registered office at Aurich, Germany) entered into a joint venture business by setting up the Appellant No. 1-Company –Enercon (India) Ltd. (hereinafter referred to as “EIL”), in 1994. EIL, having its registered office at Daman, was to manufacture and sell Wind Turbine Generators (“WTGs”) in India. One Dr. Alloys Wobben is the Chairman of the Respondent No.1. Respondent No.2, a company incorporated under the laws of Germany, has the patent of technology in connection with the aforesaid WTGs. In furtherance of their business venture, the parties entered into various agreements, which can be briefly noticed:

Share Holding Agreement:

4. On 12th January, 1994, the Appellant Nos. 2 and 3 entered into a Share Holding Agreement (“SHA”) with th