JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Business associations can sour and that is what has happened in the present case. That the association was across the seas is another aspect. The two parties before us were shareholders in the investment holding company called Atlas Equifin Private Limited, India (for short ‘Atlas’) which held 11,05,829 equity shares of Rs. 10 each in Multi Screen Media Pvt. Ltd. (for short ‘MSM’). It appears that the appellant had been attempting to sell the shares in MSM since 2002. In furtherance of the said objective, a placement instruction dated 15.11.2005 was signed by the parties authorising Standard Chartered Bank (for short ‘SCB’) as their agent to identify the purchaser for the appellant’s shares in Atlas. The dispute apparently commenced on account of the stand of the respondent that his signatures on the placement instructions had been forged. Accordingly, he lodged a complaint with the Economic Offences Wing, Mumbai Police (for short ‘EOW’) on 19.04.2010 against both the appellant and the SCB.

2. Better sense appears to have prevailed at that stage amongst the parties, or if one would say commercial sense; and they endeavoured to resolve their dispute