1. By this petition filed under section 45 of the Arbitration & Conciliation Act, 1996, the petitioner seeks direction to refer respondent no. 1 to arbitration under clause 11.13 of Share Purchase Agreement (for short “SPA”) and seeks dismissal of the suit (2287/11) filed by the first respondent in this court against the petitioner.

2. Some of the relevant facts for the purpose of deciding this petition are summarized as under:

(a) The Petitioner is a company incorporated under the laws of Germany and is constituent of the Europipes Group carrying on business in the large diameter pipes Industries. The Petitioner is a substantial share holder of respondent no. 2 company. The respondent no. 1 is incorporated under the laws of India and is constituent of Welspun Trading Ltd. The first respondent is a promoter and share holder of second respondent. The shares in the capital of second respondent are listed on the National Stock Exchange and Stock Exchange, Mumbai.

(b) On 10th December, 2004, Welspun Trading Limited (referred to as transferor/ M/s. Eupec PipeCoatings GmBH (referred to as the “transferee”) and Welspun Gujarat Stahl Rohren Limited (referred to as the company o