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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO.1092 OF 2006

IN

SUIT NO.961 OF 2006

Ms.Rashmi Mehra & Ors.

....Plaintiffs.

V/s.

The EAC Trading Ltd. & Ors.

....Defendants.

Mr.S. K. Sen i/b M/s. D.H. Law Associates for the Plaintiffs.

Mr.F. E. DeVitre, Senior Counsel with Mr.Kamal Khata i/b

M/s.Federal & Rashmikant for Defendant Nos.1 and 2.

Mr.M. S. Doctor i/b Kartikeya & Associates for Defendant No.3.

CORAM : S.J. VAZIFDAR,

DATED : 8TH NOVEMBER, 2006.

ORAL JUDGMENT :

1.

Defendant Nos.1 and 2 have taken out this Notice of

Motion for an order under Section 45 of the Arbitration and

Conciliation Act, 1996, referring the disputes raised in the plaint to

arbitration

in accordance with the arbitration agreement contained in

an Agreement to Invest dated 16.12.1994, a Shareholder's

Agreement dated 16.12.1994 and a Foreign Collaboration Agreement

2

dated 4.4.1995.

2.

The disputes arise under the said agreements as also

under a buy back agreement dated 1.6.1996 as amended/modified

by an agreement dated 6.12.2000. The buy back agreements do not

contain an arbitration clause. The question is w