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SUPREME COURT
B. Sudershan Reddy, J
Demerara Distilleries Private Limited and Another v. Demerara Distillers Limited
| Table of Content |
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| 1. application seeks arbitration due to alleged contractual breaches. (Para 1 , 2) |
| 2. respondent contests maintainability on grounds of non-signatory and premature invocation. (Para 3 , 4) |
| 3. court rejects the respondent's objections and affirms the petitioners' right to seek arbitration. (Para 5 , 7) |
| 4. court appoints an arbitrator and directs prompt proceedings. (Para 9 , 10 , 11) |
1. This application under S.11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed seeking directions for appointment of an arbitrator to go into the disputes and differences with the respondent Company that the petitioners claim to have occurred out of a Joint Venture Agreement dated 17-10-2002 (hereinafter referred to as "the Agreement"). While Petitioner 1 M/s Demerara Distilleries Pvt. Ltd. itself is the joint venture company born out of the Agreement, Petitioners 2 to 4 claim to represent M/s Kanda and Associates on whose behalf the Agreement with the respondent Company, which is a foreign company incorporated in Guyana was signed by one B.S. Kanda.
3. The application has been resisted by the respondent Company to contend that the peti
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