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2022 Supreme(Bom) 1334

N.J.JAMADAR
D. K. infrastructure Pvt. Ltd. – Appellant
Versus
Kishore Agarwal – Respondent


Advocates appeared:
Ammanullah Khan, Advocate, Jehangir Khan, Advocate, Naushad Engineer, Advocate, Devendra Tiwari, Advocate, Aman Anand, Advocate, Harish Agarwal, Advocate, Siddharth Murarka, Advocate

JUDGMENT

N.J.Jamadar, J. - This is an application under Section 11 of the arbitration and Conciliation act, 1996 ('the act) to appoint an arbitrator to arbitrate the disputes between the Petitioner and the Respondents which purportedly have arisen out of the Share Purchase agreement dated 29th June, 2017.

2. The background facts leading to this application can be stated as under :

The Petitioner is a Company registered under the Companies act, 1956. Jalore Jaswantpura BOT Project Private Limited (the 'JJBP' Company) is a private limited company. The 'JJBP' is engaged in, interalia, the business of construction of highways and roads. The Petitioner, Mr. Sandip Hirani and Mr. Suresh Hirani are the 100% shareholders of the JJBP Company. The Petitioner holds 5100 shares of the face value of Rs.10/- each. Mr. Sandeep Hirani holds 3,675/- shares. Mr. Suresh Hirani holds 1,275/- shares. Mr. Sandeep Hirani and Mr. Suresh Hirani are also the directors of JJBP Company. The Respondent No.2 is the wife of Respondent No.1.

3. The Respondents had entered into a Share Purchase agreement with the Petitioner and Mr. Sandeep Hirani and Mr. Suresh Hirani (the Sellers), to purchase the entire shareholding

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