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2015 Supreme(SC) 528

RANJAN GOGOI
Purple Medical Solutions Pvt. Ltd. – Appellant
Versus
MIV Therapeutics Inc – Respondent


JUDGMENT

Ranjan Gogoi, J.

1. Both these applications/petitions Under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act") have been filed by the Petitioner seeking appointment of an Arbitrator to go into the disputes and differences that have arisen between the Petitioner and the Respondents under the Share Purchase Agreement dated 11th July, 2011 (for short "SPA") and a Licence Royalty Agreement of even date (for short "LRA"). The aforesaid agreements which were executed by and between the Petitioner and the first Respondent i.e. MIV Therapeutics Inc., Canada (for short "MIV Canada"), a Canadian Company, was signed by the second Respondent who was the Chairman of the Board/President/CEO/CFO/Treasurer and Secretary of the first Respondent Company until he had resigned on 18th May, 2013. Under the SPA 99.96% shares in a Company called MIV Therapeutics India (for short "MIV India") was to be purchased by the Petitioner from the Respondents for a sum of US$ 3.17 million. Under the LRA the Petitioner was to be given the right to use "products" as defined in the LRA. Both the agreements contained identical Dispute Resolution clauses, which, inter
































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