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2014 Supreme(Cal) 653

SUBHRO KAMAL MUKHERJEE, ASIM KUMAR MONDAL
M. A. K. (India) Chemicals Private Limited – Appellant
Versus
Kesoram Industries Limited – Respondent


Advocate Appeared
For the Appellant:Joydip Kar, Kishore Datta, Sumita Shaw, Advocates.
For the Respondents:R1, S.B. Mukherjee, Hirak Mitra, D. Sen, S. Chatterjee, P. Ghosh, M.K. Seal, R3 to R6, Indranil Roy, Arnab Mukherjee, R2, D. Basak, Sourav Sengupta, Advocates.

Judgment

Asim Kumar Mondal, J.

This is an appeal against order dated June 10, 2013 passed by the Hon’ble Single Judge in connection with an application, in substance, for vacating an ad interim order of injunction granted on May 17, 2013 in the form of status quo with regard to the arbitral proceedings.

The appellant, that is, M.A.K. (India) Chemicals Private Limited, entered into two agreements dated May 28, 2008 and June 4, 2008 respectively with Birla Tyres, which is a unit of Kesoram Industries Limited, for manufacturing of tyre flaps and for manufacturing of motorcycle tubes.

The terms of the agreements are similar.

We are concerned in this appeal with the Arbitration clauses.

The clauses 13 of the arbitration agreements run as under:

“If any time, any question or difference or dispute whatsoever shall arise between parties arising out of or in connection with this contract, the parties thereto shall use their best efforts to settle such question or difference or dispute amicably by mutual negotiations”.

Deepak Tandon, the defendant no. 1, joined Kesoram Industries Limited in 1991 and, subsequently, he became the President of the Tyre Unit of the said company some time in Janu




















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