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2017 Supreme(Bom) 1478

K.R.SHRIRAM
Katra Holdings Limited – Appellant
Versus
Corsair Investments LLC – Respondent


Advocates Appeared:
For the Petitioner:Ashish Singh i/b Shrikrishna R. Ganbavale, Advocates.
For the Respondents:Aspi Chinoy, Senior Advocate a/w. Ankita Singhania i/b Shital Turakhia, Chandrakant R. Mhadeshwar, Ankita Singhania i/b i/b Abhijeet A. Desai, Advocates.

JUDGMENT :

1. Petitioner has approached this Court challenging a Final Award dated 11th September 2015 by which Petitioner’s claims against respondents were dismissed. The claims against Respondent Nos.1 and 2 were dismissed as not having been established and against Respondent Nos.3 to 6 were dismissed on the ground that the said Respondents were not parties to the Arbitration Agreement.

I. BACKGROUND AND BRIEF FACTS:

2. The dispute is in respect of equity shares in Tamilnad Mercantile Bank Limited (“TMB”). The counsel for Petitioner submitted that he is challenging the Award only under Section 34(2) (ii) (b) of the Arbitration and Conciliation Act, 1996 that the Award is against Public Policy.

3. This relates to a dispute resolution provision of an amended and Restated Escrow and Transaction Settlement Agreement dated 12th May 2007 between Petitioner and Respondent Nos.1 and 2. The Escrow Agreement is one of a number of documents that relate to a complex series of transactions involving shares of TMB, a commercial bank based in southern India (collectively, the “Transaction”). The Transaction began with an Agreement for Assignment dated March 2, 2006, pursuant to which one Mr.M.G.M.M



























































































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