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2016 Supreme(Del) 2474

BADAR DURREZ AHMED, SANJEEV SACHDEVA
MCDONALD’S INDIA PRIVATE LIMITED – Appellant
Versus
VIKRAM BAKSHI – Respondent


Advocates Appeared:
For the Appellant :Mr. Harish Salve, Mr. Rajiv Nayar, Senior Advocates, Mr. Rahul P. Dave, Mr. Amit Dhingra, Mr. Sumit Chopra, Mr. Sahil Dhawan, Mr. Rahul Narayan and Mr. Rohit Tripathy.
For the Respondent:Mr. C.A. Sundaram, Mr. A.S. Chandhiok, Senior Advocates with Mr. Rishi Sood.

JUDGMENT :

BADAR DURREZ AHMED, J.

1. The present appeal has been preferred against the judgment dated 22.12.2014 delivered by a learned Single Judge of this Court in IA No. 6207/2014 which was an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. In the said application, the respondent Nos. 1 and 2 (plaintiffs) had prayed for an ad interim injunction against the arbitration proceedings initiated by the appellant (defendant No.1) before the London Court of International Arbitration at London, U.K. The said application had been filed in CS (OS) No. 962/2014 in which the respondent Nos. 1 and 2 (plaintiffs) had sought, inter-alia, a declaration that there is no arbitration agreement between the plaintiffs (respondent Nos. 1 and 2) and the defendant No.1 (appellant) and an injunction restraining the appellant (defendant No.1) and the London Court of International Arbitration (defendant No.3) from proceeding with any arbitration. A declaration was also sought that the arbitration agreement contained in the Joint Venture Agreement (JVA) was illegal and/or void and/or inoperative or incapable of performance.

2. By virtue of the impugned judgment, the learned Singl





















































































































































































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