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2014 Supreme(Bom) 1770

MOHIT S.SHAH, M.S.SONAK
Rakesh S. Kathotia – Appellant
Versus
Milton Global Ltd. – Respondent


Advocates Appeared:
For the Appellants :Vikram Nankani, Naresh Thacker, Amit Vyas, Neeti Sachdeva i/b. M/s. Economic Law Practice, Advocates.
For the Respondents:R1, R3, R4, R5, R8, R9, Nitin Thakkar, Sr. Counsel i/b Hiren Mehta, Ritu Pathak, R2, R10 to R15, Diniyar D. Madon, Sr. Counsel a/w. Mahendra Ghelani, Sneha Vani i/b M/s. Law Charter, Advocates.

Judgment :

M.S. Sonak, J.

1. With the consent of learned counsel for the parties, this appeal is taken up for final disposal.

2. This appeal is directed against the judgment and order dated 2 July 2014 made by the learned Single Judge of this Court in Arbitration Petition No.66 of 2014, dismissing the appellants' application under Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”) mainly on the ground that there is no identity of the parties to the arbitration agreement, as contained in the Joint Venture Agreement dated 14 July 2001 (JVA) and the parties to the application.

3. In pursuance of JVA, the appellants representing 'Subhkam Group' and some of the respondents, representing the 'Vaghani Group' constituted 'Milton Global Limited' (respondent No.1), as a Joint Venture Company (JVC). The 'Vaghani Group' owned and controlled 'Milton Plastic Limited' (respondent No. 4)), which was engaged in manufacture and marketing consumer durables and kitchen appliances under the brand name 'Milton'. The stated purpose of JVA was to infuse capital and expand manufacture and marketing activities under the brand name 'Milton'. The Management of JVC was vested in a Board of Directo


































































































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