R.D.DHANUKA
HSBC PI Holdings (Mauritius) Limited – Appellant
Versus
Avitel Post Studioz Limited – Respondent
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
Hindustan Petroleum v. Pink city midway Petroleums (2003) 6 SCC 503paragraph 14.
Sumitomo Heavy Industries v. ONGC (1998) 1 SCC 305
NTPC v. Singer & Co. (1992) 3 SCC 551; and in particular paragraph 23
Bharat Aluminium company (2012) 9 SCC 552
IndiaHousehold Healthcare v. LG Household Healthcare (2007) 5 SCC 510.
Hindustan Petroleum v. Pink city midway Petroleums (2003) 6 SCC 503
Arjun Singh vs. Mohindra Kumar and others reported in AIR 1964 SC 993
Bharat Aluminium Co. Ltd. Vs. Kaiser Aluminium Technical Services Inc, reported in 2012 (9) SCC 552
Bhatia International (2002) 4 SC 105 and Venture Global Engineering (2008) 4 SCC 190
National Thermal Power Corporation vs. Singer Company and others reported in (1992) 3 SCC 551
Haryana Telecom Ltd. v. Sterlite Industries (India) Ltd. AIR 1999 SC 2354
N. Radhakrishnan v. Maestro Engineers (2010) 1 SCC 72.
Bhanu Kumar Jain vs. Archana Kumar and another reported in (2005) 1 SCC 787
Ishwar Dutt vs. Land Acquisition Collector and another reported in (2005) 7 SCC 190
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