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2008 Supreme(Mad) 136

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA
M/s. Dynasty Developers Private Limited – Appellant
Versus
Jumbo World Holdings Limited – Respondent


Advocates Appeared:
For the Appellant :Vinod Bobde, Senior Counsel & P.S. Raman, Senior Counsel for Satish Parasaran. For the Respondents:R1 to 3, A.L. Somayaji, Senior Counsel for R. Subramanian, R4, T.R. Rajagopalan, Senior Counsel for M. Venkatachalam, Advocate.

Judgment :-

The Honble Chief Justice:

These are appeals from an order passed by S.Rajeswaran, J. The question at issue is whether leave under Clause 12 of the Letters Patent was at all necessary for filing an application before this Court under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter for brevitys sake referred as to as the "Act", where a part of the cause of action has arisen within the jurisdiction of this Court, but the rest has arisen outside.

2. The facts are that respondents 1 to 3 are the majority shareholders of the fourth respondent-M/s. Gordon Woodrroffe Limited. The fourth respondent is the absolute owner of several immovable properties including the properties situate at Chennai. The fourth respondent, of which respondents 1to 3 are the majority shareholders, being desirous of disposing of its immovable properties, floated a proposal in the form of an Information Memorandum in September, 2005 wherein the modality adopted for such disposal was by way of sale of shareholding of respondents 1 to 3 who held 93.47% shares in the fourth respondent. The appellant-M/s.Dynasty Developers Private Limited agreed to purchase the shares of the fourth respon




































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