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2014 Supreme(Bom) 137

R.D.DHANUKA
HSBC PI Holdings (Mauritius) Limited – Appellant
Versus
Avitel Post Studioz Limited – Respondent


Advocates appeared:
For the Petitioner:Dr. Virendra Tulzapurkar, N.H. Seervai, Senior Advocates, Nikhil Sakhardande, Rohan Rajadhakshya, Adip Iyer, Ankur Kashyap, Ayush Agarwala, i/b. AZB & Partners, Advocates.
For the Respondents:Mukul Rohatgi, Senior Advocate, a/w. Zuben Behramkamdin, Sujay antawala, Sanjay Agarwal, Niranjan Waghela, Saurav Kripal, H. Sudhakar, i/b. Pandya & Co. & Sunil Chavan, i/b. M/s. Mulla & Mulla & Craigie Blunt and Caroe, Advocates.

Judgment

1. By this petition filed under section 9 of the Arbitration and Conciliation Act, 1996, petitioner seeks an order and direction against respondents to deposit monies to the extent of the claims of the petitioner under Share Subscription Agreement and Share Holders Agreement including the investment of approximately US$ 60 million and cost and/or in the alternative to provide adequate and satisfactory security in regard to the claims of the petitioner. Petitioner also claims disclosure of all the assets, moneys, bank deposits and accounts held by the respondents singly or jointly and/or severally including but not limited to the accounts with Corporation Bank by an affidavit. Petitioner seeks injunction restraining the respondents from dealing with their assets including bank accounts with Corporation Bank. Some of the relevant facts for the purpose of deciding this petition are as under:-

2 (a) Petitioner is a company incorporated under the laws of Mauritius and has its registered office at Mauritius. Petitioner is a investment holding company for the principal investments Asia Division of HSBC. Respondent no.1 is a company incorporated under the provisions of Companies Ac























































































































































































































































































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