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2021 Supreme(SC) 169

S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
Indus Biotech Private Limited – Appellant
Versus
Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Limited) – Respondent


Advocates:
Advocate Appeared:
Ms. Radhika Gautam, AOR Mr. Chandra Prakash, AOR Mr. Udita Singh, AOR Mr. Jatin Pore, Adv. Ms. Ankita Agrawal, Adv. Mr. Chandra Prakash, Adv M/S. D.s.k. Legal, AOR Mr. Nakul Dewan, Sr.Adv. Mr. Somesh Chandra Jha, AOR Mr. Rahul Narang, Adv. Mr. Iqbal Chagla, Sr.Adv. Ms. Mitali Gupta, Adv. Mr. Nitin Mishra, AOR Mr. Pawanjit Bindra, Adv. Ms. Aashta Mehta, Adv. Ms. Vishakha, Adv. Ms. Deepanwita Priyanka, AOR Mr. Atmaram NS Nadkarni, Sr. Adv. Mr. Vineet Malhotra, Adv. Mr. Mohit Paul, AoR Mr. Abhishek Srinivasan, Adv. Mr. Vishal Gohri, Adv. Mr. S S Rebello, Adv. Ms. Sunaina Phul, Adv.

JUDGMENT :

1. Leave granted in Special Leave Petition.

2. The Arbitration Petition is filed by ‘Indus Biotech Private Limited’ under Section 11(3) read with Sections 11(4) (a) and 11(12)(a) of the Arbitration and Conciliation Act, 1996 (‘Act, 1996’ for short) seeking the appointment of an Arbitrator on behalf of the respondent Nos. 1 to 4 so as to constitute an Arbitral Tribunal to adjudicate upon the disputes that have arisen between the petitioner and the respondent Nos. 1 to 4 herein. The petition filed before this Court is due to the fact that the respondent No.1 is a Mauritius based Company and the dispute qualifies as international arbitration. The respondents No. 2 to 4 though are Indian entities, they are the sister ventures of respondent No.1. Further, according to the petitioner the subject matter involved is the same, though under different agreements, the arbitration could be conducted as a single process, by a single Arbitral Tribunal. Hence a common petition is filed before this Court, instead of bifurcating the causes of action and availing their remedy before the High Court in respect of similar disputes with respondents No.2 to 4.

3. The petition seeking constitution


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