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    <title>2015 (7) TMI 453 - COMPANY LAW BOARD NEW DELHI</title>
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    <description>Disputes arising from an unimplemented memorandum of understanding were not compulsorily referable to arbitration because the contemplated shareholder agreement was never executed, the restructuring was not carried out, and the complaint concerned alleged oppressive unilateral acts. The statutory remedy for oppression and mismanagement remained available, so the request for reference under the arbitration clause was rejected. Reliefs sought against unnamed and unimpleaded persons were struck off because effective adjudication could not be granted against non-parties who were neither identified nor joined. The application was therefore partly allowed, with arbitration refused but claims against absent third parties declined for non-joinder.</description>
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      <title>2015 (7) TMI 453 - COMPANY LAW BOARD NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=261492</link>
      <description>Disputes arising from an unimplemented memorandum of understanding were not compulsorily referable to arbitration because the contemplated shareholder agreement was never executed, the restructuring was not carried out, and the complaint concerned alleged oppressive unilateral acts. The statutory remedy for oppression and mismanagement remained available, so the request for reference under the arbitration clause was rejected. Reliefs sought against unnamed and unimpleaded persons were struck off because effective adjudication could not be granted against non-parties who were neither identified nor joined. The application was therefore partly allowed, with arbitration refused but claims against absent third parties declined for non-joinder.</description>
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