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    <title>2011 (8) TMI 962 - MADRAS HIGH COURT</title>
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    <description>Parallel civil, company and criminal proceedings over the same joint venture dispute were treated as conduct inconsistent with reliance on the arbitration clause, and waiver by abandonment and estoppel was inferred. The court also noted that the Company Law Board had already examined the joint venture structure, alleged mismanagement, misuse of assets and diversion of funds, and had fashioned a final equitable exit remedy, so the same controversies need not be reopened in ICC arbitration under section 45. A later modification that altered the earlier exit arrangement by permitting withdrawal of part of the fixed deposit and requiring deposit of share certificates was held to reverse the practical effect of the original order without adequate basis. The suit pleading referring to the joint venture agreement was also held not liable to be struck out under Order 6 Rule 16.</description>
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    <pubDate>Fri, 05 Aug 2011 00:00:00 +0530</pubDate>
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      <title>2011 (8) TMI 962 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=214968</link>
      <description>Parallel civil, company and criminal proceedings over the same joint venture dispute were treated as conduct inconsistent with reliance on the arbitration clause, and waiver by abandonment and estoppel was inferred. The court also noted that the Company Law Board had already examined the joint venture structure, alleged mismanagement, misuse of assets and diversion of funds, and had fashioned a final equitable exit remedy, so the same controversies need not be reopened in ICC arbitration under section 45. A later modification that altered the earlier exit arrangement by permitting withdrawal of part of the fixed deposit and requiring deposit of share certificates was held to reverse the practical effect of the original order without adequate basis. The suit pleading referring to the joint venture agreement was also held not liable to be struck out under Order 6 Rule 16.</description>
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