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2012 Supreme(Del) 1961

S.MURALIDHAR
CPI India I Ltd – Appellant
Versus
Bptp Ltd – Respondent


Advocates appeared:
For the Petitioner:Rajiv Nayar, Sr. Adv. with Ms. Bindi Dave, Amit Sethi, Sameer Pandit & Aman Raj Gandhi, Advocates.
For the Respondents:Dushyant Dave & Sandeep Sethi, Sr. Adv. with Hardeep Sachdeva, Rudreshwar Singh, Kamal Shankar, R. Poddar & Ravi Bhasin, Advocates.

Judgment :

ORDER

1. By this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’), CPI India I Limited (‘CPI’), a company organized under the laws of Mauritius and having its registered office address at Ebene in Mauritius, has sought interim reliefs against BPTP Ltd. (‘BPTP’) (Respondent No. 1), an Indian company , and twenty-four other Respondents in relation to the disputes that have arisen between CPI and the Respondents from the Share Subscription Agreement (‘SSA’) dated 10th August 2007; Shareholders’ Agreement (‘SHA’) dated 10th August 2007 as further amended by the Amendment Agreement dated 9th July 2008 (‘Agreement’) and a Memorandum of Understanding (‘MoU’) dated 19th December 2009 entered into between CPI and the Respondents.

2. The background to the present petition is that the Respondents 2 and 3 are the Promoters of BPTP, Respondent No. 1. An SSA was entered into between CPI, Respondents 2 and 3 (referred to as ‘Promoters’), BPTP (referred to as the “Company”) as well as other existing shareholders of BPTP whose names were listed out in Schedule-I to the Agreement (and who are arrayed as Respondents 4 to 25 in this petition). In the SSA, CPI wa











































































































































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