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2023 Supreme(Online)(NCLT) 1279

NATIONAL COMPANY LAW TRIBUNAL
Rajeev Bhardwaj, J, Sanjay Puri, T
M/s.M.L.R.Motors Limited – Appellant
Versus
M/s.Olectra Greentech Limited – Respondent


Advocates:
For the Applicant: Mr.G.Bhupesh
For the Respondent: Dr.S.V.Rama Krishna

Table of Content
1. contractual disputes under an mou are subject to arbitration. (Para 1 , 2 , 6 , 11 , 12)
2. arbitration clauses must be clear to be enforceable. (Para 24 , 25 , 30)
3. the court upholds arbitration as the correct forum for disputes derived from contractual agreements. (Para 27 , 31 , 32)

O R D E R

1. M/s.Olectra Greentech Limited, erstwhile Goldstone Infratech Limited (hereinafter referred as the respondent)approached this Authority by filing an appeal under Section 59 of the Companies Act against M/s. M.L.R.Motors Limited (hereinafter referred as applicant).

2. When the above said appeal was pending for filing counter, the applicant filed the present IA No.762 of 2019 stating that:

a) Both the parties entered into Memorandum of Understanding (MoU) on 01.04.2017 for executing certain works and the respondent raised dispute regarding infringement of terms & conditions of MoU by issuing legal notice dated 25.06.2019.

b) The dispute has been raised by the respondent for allotment of shares valued at Rs.10 crores in violation of various terms & conditions of the MoU. When the dispute has arisen, the parties are required to exhaust remedies as provided under MoU and clause

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