Soumen Sen, J.

1. This application has been filed by the defendant no.1, praying inter alia, for rejection of the plaint.

2. The applicant is an award-holder.

3. The question which arises in this application for determination is, if a share-holder of a company can maintain an action by a way of a suit to challenge an award on behalf of the company.

4. A brief summary of facts as appear from the pleadings are narrated hereinafter.

5. The plaintiffs are incorporated in Mauritius and jointly hold the entire issued paid up and subscribed capital of the proforma defendant. The defendant no.1 is a company owned by Sarda group. The defendant no.2 is a joint-venture company. The proforma defendant and the defendant no.1 hold the entire issued paid up and subscribed capital of the defendant no.2. Pursuant to the permission granted by the Government of India, Ministry of Finance, by its letter dated 14th June, 2007 to the plaintiff no. 1, the proforma defendant was incorporated as a wholly owned subsidiary of the plaintiff in India, interalia, for the purpose of engaging in construction, development projects, including and by way of consortium and joint development agreement and to make