2009 (12) TMI 518

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....ant. A. Murali for the Respondent. JUDGMENT Aravind Kumar, J. - This appeal is filed by respondents Nos. 2 and 3 before the Company Law Board questioning the correctness and legality of the order passed in C. A. No. 34 of 2009 in C. P. No. 34 of 2009 (Dirak GmbH v. S. D. Chakravarthy [2010] 153 Comp Cas 1 (CLB)). 2. The short question which arises for our consideration in this appeal is w....

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....ded for referring the disputes inter se between the parties to an arbitrator and accordingly the said application has been filed. The said application was not examined on the merits by the Company Law Board. However, the Company Law Board found that the original agreement dated May 7, 1998, or its duly certified copy thereof had not been filed and accordingly, on this short ground it held that the....

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....orporation Ltd. [2007] 7 SCC 737, wherein it has been held by their Lordships that when the original agreement is in the possession of the opposite party, the question of producing the same by an applicant would not arise. We find that the said decision is squarely applicable to the facts of the present case. 6. Accordingly, we set aside the order dated October 23, 2009, passed by the Company L....