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2016 Supreme(Bom) 390

R.D.DHANUKA
Wind World (India) Limited – Appellant
Versus
Enercon GmbH Company – Respondent


Advocates Appeared:
For the Petitioner:Mr. Atul Rajadhyaksha, Senior Advocate a/w Mr. Zal Andhyarujina a/w Mr. Rohan Rajadhyaksha a/w Mr. Ameet Hariani a/w Mr. Aditya Khandeparkar a/w Mr. Anirudh Hariani i/by M/s. Hariani & Co.
For the Respondent:Mr. Aspi Chinoy, Senior Advocate a/w Mr. Zubin Behramkamdin a/w Mr. Sharan Jagtiani a/w Mr. Jehangir Jejeebhoy a/w Mr. Vivek Vashi a/w Ms. Kanika Sharma a/w Mr. Krishendev Satya a/w Ms. Shaheda Madraswala i/by M/s. Bharucha & Partners.

JUDGMENT :

R.D. DHANUKA, J.

1. By this petition filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the said Act”) the petitioners have impugned the order dated 8th March 2016 passed by the arbitral tribunal (as decided by the majority) directing the petitioners herein to produce various documents to the respondents and also granting various interim measures. The petitioners have also prayed for stay of the operation and implementation of the time-table contained in the order No. 7 dated 3rd February 2016 passed by the arbitral tribunal and also stay of all further proceedings before the arbitral tribunal. By consent of parties, this petition is heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this arbitration petition are as under.

2. The petitioner No. 1 is a company registered under the Indian Companies Act, 1956 and is a joint venture company between the petitioner Nos. 2 and 3 along with others currently holding 44% of the share capital of the petitioner No. 1 and the respondent No. 1 which currently holds 56% of the share capital of the petitioner No. 1. The respondent No. 1 and the respon






























































































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