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2014 Supreme(Bom) 1281

S.C.GUPTE
Rakesh S. Kathotia – Appellant
Versus
Milton Global Ltd. – Respondent


Advocates appeared:
Mr. Vikram Nankani, Mr. Naresh Thacker, Mr.Vipin Jain, Mr.Amit Vyas, Ms.Neeti Sachdeva, Ms.Aanchal Waswani i/b. M/s.Economic Law Practice for Petitioners.
Mr. Diniyar Madon i/b. M/s.Law Charter for Respondent Nos.2, 10 to 15.
Mr.Nitin Thakkar i/b. Mr.Hiren Mehta with Ms.Ritu Pathak for Respondent Nos.1, 3, 4, 5, 8 and 9.

Judgment :

This Arbitration Petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”), seeks to restrain the Respondents from committing breach of a Joint Venture Agreement (“JVA”) between the Petitioners and the Respondents.

2. The Petitioners' case may be briefly stated thus : Respondent No.1 is a Joint Venture Company, formed by the Petitioners, representing the 'Subhkam Group' and Respondent Nos.2 to 15 representing the 'Vaghani Group'. Respondent Nos.5 to 9, who are claimed to be relations of the Respondents representing the Vaghani Group, are signatories to the JVA. The Vaghani Group owned the company – Respondent No.4, which manufactured and marketed consumer durables and kitchen appliances under the brand name 'Milton'. The JVA was entered into by the parties to carry on this manufacturing and marketing business under the brand name of 'Milton'. According to the Petitioners, they entered into the JVA under the bona fide belief that the entire distribution and marketing network of Respondent No.4 would be transferred to Respondent No.1. Under the JVA, the management of Respondent No.1 was to be overseen by a Board of Directors to be appointed by t















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