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2005 Supreme(Guj) 474

A.L.DAVE
HARDLY OIL and GAS LIMITED – Appellant
Versus
HINDUSTRAN OIL EXPLORATION COMPANY LIMITED – Respondent


Advocates Appeared: A.R.GUPTA, B.D.KARIA, B.J.SHELAT, MIHIR THAKUR, MINI M.NAIR, SOLI CUPER

A. L. DAVE, J.

( 1 ) PRESENT First Appeal under Section 37 (1) (a) of the Arbitration Conciliation Act,1996 (hereinafter referred to as Sthe Actwĉâ‚Å¡w‚uÂ) arises out of an order rendered in Arbitration Petition No. 120 of 2005 on 16th May,2005 by learned Joint District Judge, Vadodara. The order was passed in respect of an Application preferred by Hardy Oil and Gas Ltd.- present appellant (formerly known as SJehan Energy Ltd.) under Section 9 of the Act, praying for interim relief in following terms :s39. The petitioner, therefore, prays that pending the arbitration proceedings between the petitioner and the respondents : (a) The Respondents, their agents, servants be restrained from acting in breach of Agreement dated 14-10-1998 and Deed of Adherence dated 30-08-2991. They be further restrained from transacting any business that may require unanimous consent of the Board as stipulated in Code of Best Practice. The Respondents be further restrained from taking and/or implementing any steps that may dilute/jeopardize or otherwise affecting Plaintiffs status as 8. 5% share holders on Respondent No. 1 Company. (b) The Respondents, their agents, servants be ordered to appoint, no














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