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2014 Supreme(Del) 164

JAYANT NATH
Himalya International – Appellant
Versus
Simplot India Foods Pvt. Ltd. (Simplot India) (LLC) – Respondent


Advocate Appeared:
For the Plaintiff:V. Shankara, Advocate.
For the Defendants:Neeraj Kishan Kaul, Senior Advocate with Ms. Madhu Sweta, Ravi Singhania, Sumit Gupta, Advocates.

Judgment :

Jayant Nath, J.

IA No. 12140/2013(Order 7 Rule 11 of CPC)

1. This is an application filed under Order 7 Rule 11 of CPC for rejection of the plaint.

2. The present suit is filed by the plaintiff seeking a decree against the defendants for permanent injunction to restrain the defendants from proceeding before Singapore International Arbitration Centre for arbitration in alleged violation of Shareholders Agreement dated 6th October , 2011 and Master Agreement dated 24th August, 2012.

3. The averment of the plaintiff is that the plaintiff and the defendant no.1 entered into a joint venture Shareholder Agreement in October, 2011 and Master Agreement dated 24th August, 2012. The business of the joint venture started in October, 2011. Certain disputes arose between the parties on account of which the defendant no.1 had got issued a notice dated 22nd March, 2013 to the plaintiff in terms of Clause 12.2 of the Share-Holder Agreement. Thereafter, the defendant no.1 vide its notice dated 24th May, 2013 invoked clause 12.3 for Singapore International Arbitration Centre for arbitration. Hence, the plaintiff has filed the present suit. It is stated that all kinds of disputes settlement as






















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