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2016 Supreme(P&H) 1167

AMIT RAWAL
Ravindra Savla – Appellant
Versus
Avitel Post Studioz Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Yogesh C. Naidu, Mr. Apanjyot S. Virk.
For the caveators-respondents: Mr. Karan Bharihoke, Mr. Jasprit Singh.

JUDGMENT :

AMIT RAWAL, J.

1. The appellant is aggrieved of the impugned order dated 03.08.2016 whereby the application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim direction calling upon the respondents to ensure that the money to the extent of value i.e. invested at Rs. 1,81,25,000/-, further Rs. 5,75,000/- equity shares along with interest @12% out of the funds in the bank account of respondents freezing in terms of the order dated 31.07.2014 passed by Division Bench of Bombay High Court in appeal No.196 of 2014 read with order dated 22.01.2014 passed in arbitration petition No.1062 of 2012, has been dismissed.

2. Mr. Yogesh C. Naidu, learned counsel appearing for the appellant submitted that the appellant continues to be shareholder of the company as in the year 2008, he invested as sum of Rs. 1,81,25,000/-. He submitted that on 25.04.2011, the HSBC PI Holdings (Mauritius) Ltd. (hereinafter called as “HSBC”) being investment holding company for principal investments in Asia Division entered into share subscription agreement and Shareholders Agreement. The HSBC levelled allegation against the respondent company of serious fraud and on 11.05.2012, inv





















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