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2008 Supreme(Online)(SC) 74

SUPREME COURT
Dr. Mukundakam Sharma, J.
M/s. Everest Holding Ltd. v. Shyam Kumar Shrivastava and Others


Advocates:
For the Appellants/Petitioners:Advocate A
For the Respondents:Advocate B

Table of Content
1. order for arbitration petition determination. (Para 1)
2. disputes about investments made under jva. (Para 4 , 9)
3. validity of arbitration requirement under jva. (Para 17 , 18)
4. final ruling on petition and appointment. (Para 21 , 22)

1. This Order would dispose of the petition filed by the petitioner praying for appointment of an arbitrator under S.11(6) and (9) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') in terms of the Arbitration Agreement entered into between the parties.

2. The petitioner is a foreign company incorporated under the laws of China having its office at Hong Kong whereas the respondent no. 1 is a citizen of India and Chairman of respondent no. 2 - Shrivastava Group of Companies. Respondent Nos. 3 to 5 are the companies of Shrivastava Group and respondent nos. 6 and 7 are partnership firms carrying on business under the name of Shrivastava Group. The respondent no. 8, also arrayed as party to the petition, is a company formed under the Joint Venture Agreement (for short `JVA') between the petitioner and respondent no. 1. The said company was incorporated and registered under the provisions of the Indian
































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