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2023 Supreme(Bom) 1279

MANISH PITALE
Anupam Mittal – Appellant
Versus
People Interactive (India) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Darius Khambata, Sharan Jagtiani, Kunal Dwarkadas, Rahul Dwarkadas, Abhijit Joshi, Areez Gazdar, Nutash Kotwal, Shireen Mistri, Karan Rukhana,
Ammar Faizullabhoy.
For the Respondents: Janak Dwarkadas, Nikhil Sakhardande, Rajendra Barot, Anusha Jacob, Richa Borthakur, Mrudula Dixit, Rishika Harish, Shivani Prasad.

JUDGMENT :

MANISH PITALE, J.

1. The present suit is in the nature of an anti-enforcement action, whereby the plaintiff is seeking an injunction to restrain the defendants from enforcing an anti-suit permanent injunction order passed by the High Court of Singapore. By the said order, the High Court of Singapore has restrained the plaintiff from proceeding with his petition filed against the defendants before the National Company Law Tribunal (NCLT), Mumbai, raising disputes pertaining to oppression and mismanagement. In that context, the plaintiff is seeking a declaration that the NCLT is the only appropriate and competent forum to decide the disputes and grievances raised by the plaintiff, pertaining to oppression and mismanagement against the defendants.

2. The plaintiff has filed the instant interim application in the suit, seeking interim reliefs in aid of the final reliefs sought in the suit. It is the case of the plaintiff that since disputes pertaining to oppression and mismanagement under Indian law are non-arbitrable, it would be futile for him to raise the same in an arbitration proceeding initiated by defendant no. 2 at Singapore, particularly because an award passed in purs

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