V.V.S.RAO, B.N.RAO NALLA
Satyam Computer Services Limited Hyderabad – Appellant
Versus
Venture Global Engineering Llc, Michigan, Usa – Respondent
V.V.S.Rao
Introduction
1. This revision petition under Article 227 of Constitution of India is by Satyam Computer Services Limited (Satyam) against the order, dated 03.11.2009 in I.A.No.1331 of 2009 in O.P.No.390 of 2008 passed by the Court of II Additional Chief Judge, City Civil Courts, Hyderabad. By the said order, learned Chief Judge while granting permission to Venture Global Engineering LLC (Venture) having its principal office in Michigan, to file additional pleadings took on record the additional pleadings in O.P.No.390 of 2008. The order is impeached mainly on the ground that Section 34 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act or the Act) bars any additional pleadings being brought on record in a petition to set aside an arbitral award.
Fact of the matter
2. The admitted factual position in brief is as follows. Satyam and Venture formed Satyam Venture Engineering Services Private Limited (SVES) – second respondent herein; for providing engineering and computer services to automotive industry. The capital participation is in the ratio of about 50:50. The joint venture formation, ownership pattern etc., are governed by inter alia J.V.Agreement,
Madanlal v. Sunderlal: AIR 1967 SC 1233. (Para 10)
Sumant N. Balkrishna v. George Fernandez: (1969) 3 SCC 238 = AIR 1969 SC 120l. (Para 11)
Union of India v. Popular Construction Company: (2001) 8 SCC 470 = AIR 2001 SC 4010. (Para 12)
Vidyacharan Shukla v. Khubchand Baghel: AIR 1964 SC 1099. (Para 12)
Hukumdev Narain Yadav v. Lalit Narain Mishra: (1974) 2 SCC 133 = AIR 1974 SC 480. (Para 12)
Mangu Ram v. Municipal Corporation of Delhi: (1976) 1 SCC 392. (Para 12)
Patel Naranbhai Marghabhai v. Dhulabhai Galbabhai: (1992) 4 SCC 264 = AIR 1992 SC 2009. (Para 12)
Dr. Dinesh Kumar v. Motilal Nehru Medical College: (1990) 4 SCC 627 = AIR 1990 SC 2030. (Para 33)
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