1. This petition is filed by the petitioner under section 9 of the Arbitration and Conciliation Act, 1956 (the Act).

2. The learned Senior Advocate appearing for the petitioner has at the commencement of the final hearing of this petition clarified that the petitioner is not seeking any reliefs against defendant no.3 (SCOD 18 Networking Pvt. Ltd.) and is also not seeking any relief pertaining to or arising out of the management agreement dated 5th September, 2006 entered into between the Company called “SCOD Networking Pvt. Ltd.” and the petitioner. The main grievance of the petitioner in the present petition is that the respondent nos. 1 and 2 have breached Clause 12 of the Shareholders Agreement (Exhibit-A to the petition) i.e. the “non compete and non solicitation” clause. The petitioner by the present petition is, therefore, desirous of restraining respondent nos. 1 and 2 from in any manner committing breach of clause 12 of the said shareholders agreement.

3. According to respondent nos. 1 and 2 the Agreement containing the Arbitration Clause is not a concluded Agreement, but is incomplete, inchoate and has not come into existence. It is submitted that if the under