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2019 Supreme(HP) 1941

VIVEK SINGH THAKUR
Actis Consumer Grooming Products Ltd. – Appellant
Versus
Tigaksha Metallics Private Limited – Respondent


Advocate Appeared:
For the Petitioner:Mr. Randeep Rai & Mr. T.N. Subhramanian, Senior Advocates, with M/s Anurag Arora, Ashish Kamat, Anoj Menon, Arunshka Shah, Shreevardhini Parchure, Pranay Chitale and Ms Oendri Neogi and Ms Trisha Sarkar, Advocates.
For the Respondent:Mr. Virender Ganda, Mr. Jishnu Saha & Mr. Ajay Kumar, Senior Advocates, with M/s Sharan Thakur, Gautam Sood, Ayandeb Mitra, Vipul Ganda, Ishan Saha and Shreya Jain, Mr. Bipin C. Negi, Senior Advocate, with Ms Rubina Virmani & Mr. Pranay Pratap Singh, Advocates.

JUDGMENT :

Vivek Singh Thakur, J.

Instant petition has been filed, under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act' for short), against the alleged threatened and apprehended illegal actions by respondents No.1 to 6, in violation of: (a) the Companies Act, 2013; (b) the Articles of Association; and (c) Subscription and Shareholders' Deed dated November 4, 2010 (in short 'SSD')(as amended), executed inter alia between the petitioner and respondents NO. 1 to 3 and others, for passing of interim directions, especially keeping in view the proposed invocation of arbitration by petitioner under SSD, seeking restraint orders against respondents No.2 to 6 pending commencement, hearing and final disposal of the proposed arbitral proceedings under the SSD, the passing of the arbitral award therein and for a period of ninety days thereafter.

2. Respondent No.1 Tigaksha Metallics Private Limited (in short 'TMPL')is a company incorporated under the laws of India and engaged in business of manufacturing of packaging of products, on job-

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