JUDGMENT :

1. Both suits seek the relief’s of, (i) declaration as null and void, inoperative, unenforceable and contrary to public policy of India of the arbitration agreement contained in Clause 36 of the Restated Trust Deed dated 9th April, 2014 (Trust Deed); (ii) declaration as null and void, unenforceable and contrary to public policy of India of the Application for Emergency Measures filed by defendant No.1 in both the suits and referred to as ICC Case No.25137/HTG(EA); (iii) permanent injunction restraining the defendant No.1 Lalit Modi, in both the suits, from prosecuting or continuing with the Application for Emergency Measures and/or from instituting or proceeding with any arbitration proceedings against the plaintiff/plaintiffs in both the suits, under Clause 36 of the Trust Deed; and, (iv) directing the International Chambers of Commerce to enforce the order passed in terms of the aforesaid prayers.

2. The suits, being in the nature of anti-arbitration injunction suits and, (A) a three Judge Bench of the Supreme Court in Kvaerner Cementation India Limited Vs. Bajranglal Agarwal (2012) 5 SCC 214, followed by the undersigned in several judgments, having taken a view that “be