w w w . L a w y e r S e r v i c e s . i n



Shaji B. John, Kings International Ltd., Quilon & Others v/s The Marine Products Exports Development Authority, Cochin, Represented by Its Secretary, Dr. G. Santhanakrishnan


Company & Directors' Information:- R T EXPORTS LIMITED [Active] CIN = L51900MH1980PLC022582

Company & Directors' Information:- KINGS INTERNATIONAL LIMITED [Active] CIN = U05001TN1991PLC021776

Company & Directors' Information:- KINGS INTERNATIONAL LIMITED [Active] CIN = L05001TN1991PLC021776

Company & Directors' Information:- R B A EXPORTS PVT. LTD. [Active] CIN = U27109WB1989PTC047383

Company & Directors' Information:- H R M EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC131299

Company & Directors' Information:- K H EXPORTS INDIA PRIVATE LIMITED [Active] CIN = U19129TN1985PTC011821

Company & Directors' Information:- S. B. MARINE PRODUCTS LIMITED [Active] CIN = U05001AS1994PLC004185

Company & Directors' Information:- KINGS INTERNATIONAL LIMITED [Active] CIN = U25199UP1994PLC017344

Company & Directors' Information:- N W EXPORTS LIMITED [Amalgamated] CIN = U99999MH1946PLC004840

Company & Directors' Information:- K B EXPORTS PRIVATE LIMITED [Active] CIN = U70200DL1998PTC096113

Company & Directors' Information:- U V EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2014PTC264761

Company & Directors' Information:- A B EXPORTS PRIVATE LIMITED [Active] CIN = U51398DL1996PTC223961

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- S V T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U60231KA2009PTC050975

Company & Directors' Information:- S R S EXPORTS PRIVATE LIMITED [Active] CIN = U52311PB1995PTC017081

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- T R B EXPORTS PRIVATE LIMITED [Active] CIN = U35999PB1994PTC014312

Company & Directors' Information:- M H K EXPORTS PRIVATE LIMITED [Active] CIN = U18101DL2009PTC188043

Company & Directors' Information:- P R EXPORTS LTD [Active] CIN = U51909WB1981PLC034199

Company & Directors' Information:- M J EXPORTS PRIVATE LIMITED [Active] CIN = U17100MH1972PTC015802

Company & Directors' Information:- R R EXPORTS PVT. LTD. [Active] CIN = U51909WB1987PTC041982

Company & Directors' Information:- S P S MARINE PRIVATE LIMITED [Active] CIN = U63010MH2008PTC184454

Company & Directors' Information:- A B R EXPORTS PRIVATE LIMITED [Converted to LLP] CIN = U51909KA1975PTC002912

Company & Directors' Information:- S B K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC043963

Company & Directors' Information:- K T EXPORTS (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2000PTC129260

Company & Directors' Information:- B. N. EXPORTS PRIVATE LIMITED [Active] CIN = U01111WB2007PTC114463

Company & Directors' Information:- M N R EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085123

Company & Directors' Information:- G C S EXPORTS PRIVATE LIMITED [Active] CIN = U51909AS2005PTC007825

Company & Directors' Information:- J L K EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC126448

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- O B S EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1980PTC010840

Company & Directors' Information:- S M M EXPORTS PRIVATE LIMITED [Active] CIN = U51398DL1999PTC098793

Company & Directors' Information:- G T N EXPORTS LIMITED [Not available for efiling] CIN = U51909KL1996PLC010047

Company & Directors' Information:- R P R EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U15499TN1997PTC039167

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- A O V EXPORTS PRIVATE LIMITED [Active] CIN = U74999DL2002PTC114617

Company & Directors' Information:- D S S I EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U00000DL1990PTC042097

Company & Directors' Information:- MARINE PRODUCTS OF INDIA LTD [Strike Off] CIN = U05004OR1980PLC000868

Company & Directors' Information:- L M J EXPORTS PRIVATE LIMITED [Active] CIN = U51109WB1994PTC065438

Company & Directors' Information:- S D R EXPORTS PVT LTD [Active] CIN = U51909WB1993PTC058739

Company & Directors' Information:- K P EXPORTS PVT LTD [Active] CIN = U17222RJ1980PTC002086

Company & Directors' Information:- M A R EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC046991

Company & Directors' Information:- H. M. X. EXPORTS PRIVATE LIMITED [Active] CIN = U27105TN2007PTC064482

Company & Directors' Information:- S R K EXPORTS PRIVATE LIMITED [Active] CIN = U18101TN2001PTC047273

Company & Directors' Information:- R B B R EXPORTS LIMITED [Active] CIN = U51900MH2004PLC095395

Company & Directors' Information:- D V EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC126430

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- R G A EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055809

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- COCHIN EXPORTS P LTD [Active] CIN = U51909KL1989PTC005424

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- G P MARINE PRODUCTS INDIA PVT LTD [Strike Off] CIN = U05005AP1982PTC003651

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- G T EXPORTS PVT LTD [Strike Off] CIN = U74899DL1988PTC031057

Company & Directors' Information:- P T EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC079851

Company & Directors' Information:- J S N MARINE PRIVATE LIMITED [Active] CIN = U74120AP2011PTC075216

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- G S EXPORTS PRIVATE LIMITED [Active] CIN = U52322MH2005PTC154073

Company & Directors' Information:- K C S MARINE PRODUCTS PRIVATE LIMITED [Active] CIN = U15122WB2012PTC180715

Company & Directors' Information:- D. F. EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2009PTC135506

Company & Directors' Information:- R A G EXPORTS PRIVATE LIMITED [Active] CIN = U63040PB1998PTC021522

Company & Directors' Information:- T W EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1991PTC045854

Company & Directors' Information:- K K K EXPORTS PRIVATE LIMITED [Active] CIN = U18101DL2002PTC117868

Company & Directors' Information:- M R D EXPORTS PRIVATE LIMITED [Active] CIN = U51900MH1994PTC078469

Company & Directors' Information:- A K EXPORTS PVT LTD [Amalgamated] CIN = U51909DL1993PTC185233

Company & Directors' Information:- S S B I EXPORTS PRIVATE LIMITED [Active] CIN = U51100GJ2000PTC037695

Company & Directors' Information:- P S P C EXPORTS PRIVATE LIMITED [Active] CIN = U19201TN1995PTC032123

Company & Directors' Information:- K AND K EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068805

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- N T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U05005WB1998PTC087900

Company & Directors' Information:- K H EXPORTS PRIVATE LIMITED [Amalgamated] CIN = U19119TN1987PTC014484

Company & Directors' Information:- C K K EXPORTS PRIVATE LIMITED [Active] CIN = U51909MH2005PTC151252

Company & Directors' Information:- V K V EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2011PTC227775

Company & Directors' Information:- B M D EXPORTS PRIVATE LIMITED [Active] CIN = U51100GJ2004PTC045212

Company & Directors' Information:- V K A EXPORTS LTD. [Strike Off] CIN = U17119WB1992PLC056600

Company & Directors' Information:- C B EXPORTS PVT LTD [Strike Off] CIN = U17115DL1980PTC010566

Company & Directors' Information:- V A A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2006PTC166078

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- J B EXPORTS PRIVATE LTD [Active] CIN = U51109DL1984PTC017683

Company & Directors' Information:- D H EXPORTS PRIVATE LIMITED [Active] CIN = U18101MH2004PTC089360

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- R F S L EXPORTS PRIVATE LIMITED [Active] CIN = U51109WB1998PTC087291

Company & Directors' Information:- G M EXPORTS PVT LTD [Active] CIN = U51909GJ1982PTC005771

Company & Directors' Information:- N AND D EXPORTS PRIVATE LIMITED [Amalgamated] CIN = U74899DL1993PTC051946

Company & Directors' Information:- C M S EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2005PTC103054

Company & Directors' Information:- Z S EXPORTS (INDIA) LIMITED [Active] CIN = U74899DL1991PLC046882

Company & Directors' Information:- A EXPORTS PRIVATE LIMITED [Active] CIN = U14101DL2003PTC122819

Company & Directors' Information:- J V S EXPORTS PVT LTD. [Active] CIN = U17115WB1989PTC046846

Company & Directors' Information:- INTERNATIONAL EXPORTS PRIVATE LIMITED [Amalgamated] CIN = U74899DL1971PTC005688

Company & Directors' Information:- P C EXPORTS PRIVATE LIMITED [Active] CIN = U28920KA1990PTC010772

Company & Directors' Information:- G D EXPORTS PVT LTD [Active] CIN = U51909WB1989PTC047967

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- M M P EXPORTS PRIVATE LIMITED [Active] CIN = U18101DL1997PTC087416

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- I B S EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117784

Company & Directors' Information:- T S L EXPORTS LTD. [Strike Off] CIN = U51223WB1990PLC050436

Company & Directors' Information:- C P MARINE PVT LTD [Strike Off] CIN = U74999DL1988PTC032550

Company & Directors' Information:- M L K EXPORTS PRIVATE LIMITED [Active] CIN = U52322UP2004PTC029369

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- M S P EXPORTS PRIVATE LIMITED [Active] CIN = U51226KA1975PTC002926

Company & Directors' Information:- P T C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74210MH1976PTC018834

Company & Directors' Information:- L & G EXPORTS PVT LTD [Strike Off] CIN = U29191WB1975PTC030351

Company & Directors' Information:- COCHIN CO PRIVATE LIMITED [Strike Off] CIN = U74999KL1963PTC002029

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- C & A EXPORTS PVT LTD [Strike Off] CIN = U24119WB1978PTC031538

Company & Directors' Information:- S K B EXPORTS PVT LTD [Active] CIN = U51909PB1986PTC006940

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- A B M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2006PTC146367

Company & Directors' Information:- H D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB1998PTC021887

Company & Directors' Information:- A AND F EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101KA1995PTC017466

Company & Directors' Information:- S C J EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC053804

Company & Directors' Information:- A D EXPORTS PVT LTD [Active] CIN = U70101WB1991PTC053651

Company & Directors' Information:- D G EXPORTS PVT LTD [Active] CIN = U51909WB1996PTC079352

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- S S MARINE PVT LTD [Strike Off] CIN = U05005WB1986PTC040175

Company & Directors' Information:- S P J EXPORTS PVT. LTD [Strike Off] CIN = U27106WB1989PTC046733

Company & Directors' Information:- S R J EXPORTS PVT LTD [Strike Off] CIN = U51909CH1988PTC007989

Company & Directors' Information:- A P EXPORTS PRIVATE LIMITED [Active] CIN = U17115TZ1988PTC002223

Company & Directors' Information:- S N H EXPORTS PRIVATE LIMITED [Active] CIN = U51101MH2007PTC176084

Company & Directors' Information:- P L A EXPORTS PRIVATE LIMITED [Active] CIN = U51900MH1974PTC017700

Company & Directors' Information:- AT EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC216254

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- A B M MARINE PRIVATE LIMITED [Active] CIN = U51900GJ2014PTC081341

Company & Directors' Information:- MARINE INDIA EXPORTS PVT LTD [Active] CIN = U15127KL1988PTC005155

Company & Directors' Information:- R N M EXPORTS PRIVATE LIMITED [Active] CIN = U13209WB2004PTC097636

Company & Directors' Information:- G P EXPORTS PRIVATE LIMITED [Active] CIN = U51900MH1983PTC030202

Company & Directors' Information:- J. B. MARINE PRODUCTS PRIVATE LIMITED [Active] CIN = U05004AS2009PTC017474

Company & Directors' Information:- S R B EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1998PTC093624

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- A M D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062322

Company & Directors' Information:- A K C L EXPORTS LIMITED [Strike Off] CIN = U51311RJ1994PLC008631

Company & Directors' Information:- N R T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2000PTC105876

Company & Directors' Information:- S S EXPORTS (INDIA) PVT LTD [Active] CIN = U17121WB1985PTC038437

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- P. J. EXPORTS PRIVATE LIMITED [Active] CIN = U74992GJ2007PTC049876

Company & Directors' Information:- K M B EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2001PTC112629

Company & Directors' Information:- R G EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034616

Company & Directors' Information:- V B EXPORTS PVT LTD [Strike Off] CIN = U51909WB1988PTC044947

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- M M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC036407

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- R C L EXPORTS (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2005PTC143513

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- A T EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC026511

Company & Directors' Information:- H. N. MARINE PRIVATE LIMITED [Active] CIN = U52609MH2017PTC292333

Company & Directors' Information:- J M K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24246OR2005PTC008446

Company & Directors' Information:- M K V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101TZ2000PTC009170

Company & Directors' Information:- V I P EXPORTS PRIVATE LIMITED [Active] CIN = U52397MH2007PTC174922

Company & Directors' Information:- N B T EXPORTS PRIVATE LIMITED [Active] CIN = U65990MH1982PTC028147

Company & Directors' Information:- F M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC138934

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- D R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1975PTC007859

Company & Directors' Information:- A G R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060903

Company & Directors' Information:- M. G. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2008PTC176295

Company & Directors' Information:- G T B EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC129698

Company & Directors' Information:- D K G EXPORTS PRIVATE LIMITED [Active] CIN = U15423DL2007PTC160059

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- V G J EXPORTS PRIVATE LIMITED [Active] CIN = U17309KA2020PTC136238

Company & Directors' Information:- A M S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52599TN1992PTC022906

Company & Directors' Information:- M J R EXPORTS PVT LTD [Strike Off] CIN = U51909KL1994PTC007902

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- G N EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U00061KA1988PTC008899

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- COCHIN MARINE PRODUCTS PVT LTD [Strike Off] CIN = U51909KL1991PTC006010

Company & Directors' Information:- S K C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52599TN1994PTC027533

Company & Directors' Information:- N K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52311MH2000PTC129489

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- A M EXPORTS LIMITED [Strike Off] CIN = U51109PB1996PLC017635

Company & Directors' Information:- B G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909CH1996PTC018711

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- A A M MARINE PRODUCTS PVT LTD [Strike Off] CIN = U05001TN1987PTC014552

Company & Directors' Information:- M R V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U14109TN1996PTC036883

Company & Directors' Information:- E V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52321TN1994PTC029590

Company & Directors' Information:- M K V EXPORTS PRIVATE LIMITED [Not available for efiling] CIN = U51410TN1999PTC043250

Company & Directors' Information:- V. N. A. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101DL1993PTC053422

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- S AND J EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1999PTC013064

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- S D MARINE PRODUCTS PVT LTD [Active] CIN = U05004AP1987PTC007264

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- M G M EXPORTS PVT LTD [Strike Off] CIN = U51909WB1980PTC032489

Company & Directors' Information:- R B MARINE PVT LTD [Strike Off] CIN = U63090WB1984PTC037362

Company & Directors' Information:- D AND A EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038349

Company & Directors' Information:- P. S. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC164402

Company & Directors' Information:- S R W EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2003PTC121393

Company & Directors' Information:- N C C R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51109DL1984PTC018785

Company & Directors' Information:- P A V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC057134

Company & Directors' Information:- T M EXPORTS PVT LTD [Active] CIN = U51909WB1988PTC045226

Company & Directors' Information:- J B I EXPORTS PRIVATE LIMITED [Active] CIN = U17100MH1997PTC105972

Company & Directors' Information:- P B M EXPORTS PVT LTD [Active] CIN = U51909PB1989PTC009359

Company & Directors' Information:- H T EXPORTS PRIVATE LIMITED [Active] CIN = U52322KA1982PTC004661

Company & Directors' Information:- S N P EXPORTS PRIVATE LIMITED [Dissolved] CIN = U00245KA1970PTC001944

Company & Directors' Information:- S B S MARINE EXPORTS LIMITED [Active] CIN = U05004AP1978PLC002251

Company & Directors' Information:- K K G EXPORTS PVT LTD [Active] CIN = U74999WB1991PTC050957

Company & Directors' Information:- N D EXPORTS PVT LTD [Converted to LLP and Dissolved] CIN = U51909GJ1993PTC019292

Company & Directors' Information:- R D P EXPORTS PVT. LTD. [Dissolved] CIN = U51494WB1992PTC055473

Company & Directors' Information:- G D EXPORTS PVT LTD [Under Liquidation] CIN = U51900WB1973PTC028662

Company & Directors' Information:- G G S EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1981PTC011624

Company & Directors' Information:- R T EXPORTS PVT LTD [Active] CIN = U51909WB1989PTC047639

Company & Directors' Information:- C G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC039074

Company & Directors' Information:- D AND D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999DL1993PTC052633

Company & Directors' Information:- K A EXPORTS PRIVATE LIMITED [Active] CIN = U34300PB1990PTC010165

Company & Directors' Information:- U J EXPORTS PVT LTD. [Active] CIN = U51109WB1988PTC045435

Company & Directors' Information:- IN EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034535

Company & Directors' Information:- A 1 EXPORTS PRIVATE LIMITED [Active] CIN = U51909PB1998PTC020956

Company & Directors' Information:- S. E. EXPORTS PRIVATE LIMITED [Active] CIN = U05004UP1995PTC017843

Company & Directors' Information:- R M B EXPORTS PRIVATE LIMITED [Active] CIN = U51109WB1999PTC090072

Company & Directors' Information:- S P G EXPORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U51909WB2004PTC100829

Company & Directors' Information:- U & I EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055089

Company & Directors' Information:- J T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC128939

Company & Directors' Information:- Y AND Y EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2006PTC145143

Company & Directors' Information:- S R (INDIA) EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064392

Company & Directors' Information:- K F S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC110011

Company & Directors' Information:- P V S EXPORTS PRIVATE LIMITED [Active] CIN = U51900KA1976PTC003022

Company & Directors' Information:- H G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC072162

Company & Directors' Information:- J M A EXPORTS PVT LTD [Strike Off] CIN = U45202PB1964PTC001375

Company & Directors' Information:- S D S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U65032AP1997PTC027023

Company & Directors' Information:- R A B EXPORTS PRIVATE LIMITED [Strike Off] CIN = U19202DL1984PTC018036

Company & Directors' Information:- J D M EXPORTS ( INDIA) PRIVATE LIMITED [Strike Off] CIN = U74990DL1987PTC030149

Company & Directors' Information:- I TO N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52322DL1995PTC072744

Company & Directors' Information:- K N B EXPORTS LIMITED [Strike Off] CIN = U63040CH1996PLC018051

Company & Directors' Information:- V R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PN1999PTC013327

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- R AND A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999DL1989PTC036797

Company & Directors' Information:- S R A EXPORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U18101KL1992PTC006778

Company & Directors' Information:- J S P EXPORTS LIMITED [Strike Off] CIN = U51109UP1995PLC017852

Company & Directors' Information:- J F C EXPORTS PVT LTD [Strike Off] CIN = U57226WB1977PTC031157

Company & Directors' Information:- V K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101TG1994PTC018557

Company & Directors' Information:- H & H EXPORTS PRIVATE LIMITED [Strike Off] CIN = U17219DL1995PTC068987

Company & Directors' Information:- S K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52100DL1969PTC005105

Company & Directors' Information:- P S M EXPORTS PVT LTD [Strike Off] CIN = U51900MH1981PTC024810

Company & Directors' Information:- M F B EXPORTS PVT LTD [Strike Off] CIN = U29309TN1989PTC016944

Company & Directors' Information:- K S EXPORTS (INDIA) PVT LTD [Strike Off] CIN = U99999DL1982PTC014804

Company & Directors' Information:- R R EXPORTS INTERNATIONAL PRIVATE LTD [Active] CIN = U51909DL1981PTC012420

Company & Directors' Information:- G. EXPORTS PVT LTD [Active] CIN = U51909DL1989PTC034690

Company & Directors' Information:- A AND A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1994PTC060898

Company & Directors' Information:- P P K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51311TZ2001PTC009705

Company & Directors' Information:- D Y EXPORTS PRIVATE LIMITED [Active] CIN = U51311DL2002PTC117474

Company & Directors' Information:- S V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1995PTC009740

Company & Directors' Information:- F C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51398TG1997PTC026815

Company & Directors' Information:- C M A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74999DL1984PTC018445

Company & Directors' Information:- S P S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC142414

Company & Directors' Information:- M C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044271

Company & Directors' Information:- B L D EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC053602

Company & Directors' Information:- R L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034754

Company & Directors' Information:- K. T. M. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74999UP2005PTC031149

Company & Directors' Information:- C L EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2014PTC201763

Company & Directors' Information:- R P EXPORTS PVT LTD [Active] CIN = U52190WB1988PTC043576

Company & Directors' Information:- A N JOHN PVT LTD [Active] CIN = U74999WB1950PTC019260

Company & Directors' Information:- A AND N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC123528

Company & Directors' Information:- I I EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC125685

Company & Directors' Information:- A S G EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC133462

Company & Directors' Information:- F B N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51311KL2002PTC015567

Company & Directors' Information:- J S EXPORTS PVT LTD [Strike Off] CIN = U18101WB1976PTC030669

Company & Directors' Information:- L B EXPORTS PVT LTD [Strike Off] CIN = U99999DL1981PTC011770

Company & Directors' Information:- G E EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101PB1999PTC022745

Company & Directors' Information:- A B MARINE PRODUCTS PVT LTD [Strike Off] CIN = U05004OR1989PTC002176

Company & Directors' Information:- N. V. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TG1981PTC003088

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- A & Z EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52590DL1995PTC065933

Company & Directors' Information:- B M S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999MH1980PTC022970

Company & Directors' Information:- C S P EXPORTS PVT LTD [Strike Off] CIN = U52321TN1987PTC015088

Company & Directors' Information:- S M S EXPORTS PVT. LTD. [Strike Off] CIN = U52599TN1989PTC017759

Company & Directors' Information:- K D EXPORTS PVT LTD [Strike Off] CIN = U51900MH1981PTC025255

Company & Directors' Information:- S H R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51390TG1996PTC024134

Company & Directors' Information:- I C L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TZ2004PTC010968

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- B P EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC027564

Company & Directors' Information:- R U EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB2000PTC023628

Company & Directors' Information:- A V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB2010PTC034427

Company & Directors' Information:- S R EXPORTS PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127505

Company & Directors' Information:- E-JOHN INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030MH2015PTC267277

Company & Directors' Information:- J N K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101MH2013PTC240000

Company & Directors' Information:- G AND V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U17290MH2013PTC243077

Company & Directors' Information:- H H K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51494MH2004PTC147111

Company & Directors' Information:- J D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC122821

Company & Directors' Information:- J N D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U36912MH2012PTC233325

Company & Directors' Information:- S U K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC143006

Company & Directors' Information:- P AND A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC143381

Company & Directors' Information:- F. S. MARINE PRIVATE LIMITED [Strike Off] CIN = U74999MH2012PTC235951

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- R G S T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TN2003PTC050349

Company & Directors' Information:- S S V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TZ2003PTC010733

Company & Directors' Information:- MARINE INTERNATIONAL INDIA PRIVATE LIMITED [Active] CIN = U31900TZ2014PTC020831

Company & Directors' Information:- G & H EXPORTS PRIVATE LIMITED [Active] CIN = U51101UP2015PTC068447

Company & Directors' Information:- KINGS PRIVATE LIMITED [Strike Off] CIN = U74999TN1964PTC005230

Company & Directors' Information:- K B R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062164

Company & Directors' Information:- S R N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109284

Company & Directors' Information:- N A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC163353

Company & Directors' Information:- J M EXPORTS PRIVATE LIMITED [Active] CIN = U74140DL2015PTC281567

Company & Directors' Information:- A K M EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC075590

Company & Directors' Information:- Y B EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC125669

Company & Directors' Information:- Z A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC126237

Company & Directors' Information:- I P G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC133755

Company & Directors' Information:- B S G EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC134122

Company & Directors' Information:- G S G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC134290

Company & Directors' Information:- D S N EXPORTS PRIVATE LIMITED [Converted to LLP] CIN = U51909DL2005PTC138224

Company & Directors' Information:- S M G EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC136386

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- R B T EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2015PTC286172

Company & Directors' Information:- G. A. EXPORTS PRIVATE LIMITED [Converted to LLP] CIN = U74999DL2007PTC158820

Company & Directors' Information:- T T EXPORTS PRIVATE LIMITED [Active] CIN = U51311DL2003PTC122519

Company & Directors' Information:- Z M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51497MP2010PTC024336

Company & Directors' Information:- V V MARINE PRIVATE LIMITED [Active] CIN = U60200PB2020PTC052110

Company & Directors' Information:- N K EXPORTS (INDIA) LIMITED [Strike Off] CIN = U00061BR1987PLC002555

Company & Directors' Information:- B B L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101DL1983PTC016088

Company & Directors' Information:- R D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC070536

Company & Directors' Information:- V AND V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U15201TG2004PTC044495

Company & Directors' Information:- K R EXPORTS PRIVATE LIMITED. [Strike Off] CIN = U18101DL1986PTC022942

Company & Directors' Information:- G R EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909KA1990PTC011271

Company & Directors' Information:- R K EXPORTS PVT LTD [Strike Off] CIN = U52322CH1980PTC004234

Company & Directors' Information:- A S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74900DL1987PTC027301

Company & Directors' Information:- N L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1999PTC013062

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- R S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999MH1980PTC022965

Company & Directors' Information:- I & K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PN2008PTC132158

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- A K EXPORTS PVT LTD [Strike Off] CIN = U99999DL1978PTC008988

Company & Directors' Information:- S M D L EXPORTS PVT LTD [Strike Off] CIN = U51909DL1975PTC007846

Company & Directors' Information:- P P EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026876

Company & Directors' Information:- MARINE & MARINE PVT LTD [Strike Off] CIN = U51909WB1961PTC025068

Company & Directors' Information:- A O G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB1997PTC019454

Company & Directors' Information:- B S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51100MH1974PTC017179

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- MARINE PRODUCTS COMPANY LIMITED [Dissolved] CIN = U05005KL1947PLC001547

Company & Directors' Information:- THE INTERNATIONAL PRODUCTS LIMITED [Strike Off] CIN = U99999MH1941PTC003287

Company & Directors' Information:- T-P EXPORTS PVT LTD [Strike Off] CIN = U51909WB1976PTC030423

    Arb. A. No. 7 of 2009

    Decided On, 13 November 2019

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE C.T. RAVIKUMAR & THE HONOURABLE MR. JUSTICE N. NAGARESH

    For the Appellants: V. Philip Mathew, Advocate. For the Respondent: Joseph Kodianthara, Mathews K. Uthuppachan, Terry V. James, Advocates.



Judgment Text

Nagaresh, J.

1. Aggrieved by order dated 11.04.2008 in O.P.(Arb) No.140/2004 of the District Court, Ernakulam, the appellants have preferred this Arbitration Appeal invoking the provisions of the Arbitration and Conciliation Act, 1996.

2. Appellants 1 to 6 are Promoters/Directors of the 7th appellant-Company. The 7th appellant-Company undertook setting up of a project of integrated shrimp farming with a total capacity of 150 Million shrimp seed per annum and processing facilities at Tutucorin and Nellore. The processing capacity was to be 6700 Tonnes per annum. The work was to be completed by March, 1994 at an expected cost of RS. 2750 lakhs. The respondent is a statutory body constituted under the Marine Products Exports Development Authority Act. The respondent entered into a Financial Collaboration Agreement with the appellants with respect to the said project on 08.07.1993 under which the respondent was allotted 5 lakhs equity shares with a total value of Rs.50 lakhs. Under Clause 6.2 of the agreement, appellants 1 to 6 were bound to buy back the said equity shares from the respondent. Though the appellants were required to repurchase the shares held by the respondent on 07.07.1995, the appellants could not repurchase in view of the restrictive guidelines issued by the Securities and Exchange Board of India which prohibited transfer of shares under preferential allotment, for a period of three years.

3. Thereupon, the respondent filed Arbitration Request No.17/1998 before this Court and a Sole Arbitrator was appointed. The said Arbitrator dismissed the claim of the respondent as per Award dated 11.11.2000. Subsequently, the respondent filed Arbitration Request No.11/2001 and this Court appointed Sri.Somachudan Nair as the Sole Arbitrator. Before the Arbitrator, the respondent claimed a sum of Rs.1,15,26,027.40. After considering the evidence available on record, the Sole Arbitrator passed an Award dated 14.01.2004 allowing the claim made by the respondent.

4. Aggrieved by the said Award dated 14.01.2004, the appellants preferred O.P. (Arb) No.140/2004 before the District Court, Ernakulam invoking Section 34 of the Arbitration and Conciliation Act, 1996. After hearing both sides, the District Court concluded that the claim made by the respondent is not barred by the principles of res judicata or constructive res judicata since at the time of the earlier arbitration proceedings, the cause of action under Clause 6.2 of the agreement had not arisen. The appellants had raised a contention that since liquidation proceedings have been initiated against the 7th appellant-Company, the Arbitrator ought to have stopped his proceedings. On this point, the District Court found that the agreement in question was between appellants 1 to 6 - Promoters and the respondent and there is no agreement between the 7th appellant-Company and the respondent. The agreement from which the arbitration proceedings arise was signed by the Promoters in their personal capacity. Hence, even if liquidation proceedings were initiated against the 7th appellant-Company, the arbitration proceedings cannot be said to be illegal, held the District Court.

5. The District Court did neither find favour with the argument of the appellants that the agreement in question was not entered into by the Promoters of the 7th appellant-Company as appellants 1 to 6 were Directors of the Company. The District Court further held that any proceeding pending under Section 22 of the Sick Industrial Companies (Special Provisions) Act will not be a bar to the arbitral proceedings.

6. On merits, the District Court found that the Arbitrator has elaborately considered the materials before him as well as the legal contentions urged by the appellants and hence, there is no ground under Section 34 of the Arbitration and Conciliation Act to interfere with and set aside the impugned Award. The District Court, therefore, dismissed O.P. (Arb) No.140/2004 as per order dated 11.04.2008, which is now under challenge.

7. The learned counsel for the appellants argued that the Sole Arbitrator had no jurisdiction to entertain or decide the disputes involved in the matter since as per Clause 10 of the agreement, disputes arising therefrom are to the resolved by two Arbitrators along with an Umpire. Therefore, the Award impugned before the District Court was liable to be interfered with. The counsel for the appellants further urged that as the claims of the respondent were considered and rejected by an earlier Award, a second arbitration was not maintainable and the same is hit by the principles of res judicata. Alternatively, the counsel argued that the court below ought to have found that the respondent has abandoned and waived its claim based on their rights arising out of Ext.A1 agreement, by permitting O.P. No.34/2001 to be dismissed as not pressed. The findings of the District Court regarding res judicata and constructive res judicata are, therefore, liable to be interfered with.

8. The counsel for the appellants further urged that arbitration proceedings should not have been continued in view of the winding up proceedings initiated under Section 22 of the Sick Industrial Companies (Special Provisions) Act against the 7th appellant and the District Court ought to have held so. The appellants did not purchase the shares only in view of the prohibition imposed by the SEBI. The appellants could not have overcome the statutory prohibition. Therefore, the District Court ought to have held that the doctrine of frustration and Section 56 of the Indian Contract Act, 1972 would come into play. On these grounds, the order dated 11.04.2008 of the District Court, Ernakulam is liable to be set aside, contended the counsel for the appellants.

9. The respondent entered appearance and objected to the contentions of the appellants. We have heard the arguments raised by the counsel on either side and perused the records.

10. As regards appointment of Sole Arbitrator, against the conditions contained in the arbitral agreement, it is seen that the respondent by letter dated 23.02.2001 intimated the appellants of nomination of Mr. N. Sukumaran, Retired District Judge and called upon the appellants to nominate their Arbitrator within 30 days. On the failure of the appellants to do so, the respondent filed A.R. No.11/2001 before this Court and this Court appointed the present Arbitrator as the Sole Arbitrator. Therefore, the appellants cannot now be heard to contend that appointment of Sole Arbitrator is illegal, as being violative of the agreement.

11. The appellants urged the grounds of res judicata and constructive res judicata, in order to set aside the Arbitral Award. The contention is that the respondent had earlier filed Arbitration Request No.17/1998 before this Court and the Arbitrator appointed pursuant thereto found that appellants are not liable to repurchase the shares. The claim, therefore, was dismissed on 11.11.2000. The respondent, therefore, filed O.P. (Arb) No.34/2001 before the District Court which was later dismissed as not pressed. The respondent, therefore, was barred by the principles of res judicata. But, the facts revealed from the records would show that the claim made in A.R. No.17/1998 was rejected by the Arbitrator for the reason that appellants were not liable to repurchase the shares because the guidelines of the SEBI prohibited such purchase within three years of its issuance. The rejection, therefore, will not preclude the respondent from making the claim after the three year period and such claim will not be hit by the principles of res judicata or constructive res judicata. The respondent also could not have treated as having abandoned the claim by not pressing the O.P. (Arb) No.34/2001.

12. The argument of the appellants that the arbitration proceedings should not have been continued in view of the winding up proceedings initiated under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 against the 7th appellant-Company, cannot also stand the scrutiny of law. Section 22 provides that where in respect of an Industrial Company, an enquiry is pending or any scheme is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal is pending under the provisions of the Act, then no proceedings for winding up or for execution, distress or the like against any of the properties of the Industrial Company and no suit for the recovery of money or for the enforcement of any security against the Industrial Company or of any guarantee in respect of any loans or advance granted to the Company shall lie or be proceeded with further, except with the consent of the Board or the Appellate Authority.

13. A reading of Section 22 would make it clear that what is prohibited thereunder, are proceedings of winding up, or for execution, distress or the like against the properties of the Company, suits for recovery of money and enforcement of any security or guarantee in respect of any loans advanced to the Company. In the case on hand, the appellants have no case that they were only guarantors to the amount advanced by the respondent to the 7th appellant-Company. On the other hand, it is evident that the agreement dated 08.07.1993 was executed between the respondent and appellants 1 to 6 as Promoters, along with the 7th appellant-Company. In view of the said agreement, Section 22 of the Act, 1985 cannot bar any arbitral proceedings initiated by the respondent, against appellants 1 to 6.

14. The further contention of the appellants is that their failure to purchase shares was solely due to the prohibition imposed by SEBI, that they could not have legally abide by the said condition and hence, the District Court ought to have held that the doctrine of frustration and Section 56 of the Indian Contract Act, 1972 would come into play. In fact, the respondent had required the appellants to repurchase the shares during the period of restriction and has initiated arbitral proceedings, on the failure of the appellants. The said proceedings went against the respondent in view of the prohibitive guidelines of SEBI. After the said prohibitive period, the demand of the respondent remained unheeded and thereupon, the respondent resorted to fresh arbitral proceedings. In the said circumstances, the appellants cannot legally take a defence that the contract was frustrated or that it is hit by Section 56 of the Indian Contract Act.

15. Lastly, the appellants pointed out that the amount awarded by the Arbitrator towards interest was based on a finding that the 7th appellant had paid 20%

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interest to ICICI Limited and IDBI. The documents produced by the appellants as Annexures-I to VI before this Court would show that the Company had settled their liabilities with its Banks on lesser rates of interests and on better terms. Learned counsel for the appellants relied on the judgments of the Apex Court in Rajasthan State Road Transport Corporation v. Indag Rubber Ltd. [(2006) 7 SCC 700] and McDermott International Inc. v. Burn Standard Co. Ltd. and Others [(2006) 11 SCC 181]. The judgments of the Apex Court would not be of any help to the appellants because they had not produced any document before the Arbitrator to establish their liability to pay interest at lesser rates. We are of the firm view that such claims made on the basis of documents which Arb. Appeal No.7 OF 2009 14 were not produced before the Arbitrator and which were only produced before this Court, cannot be relied upon to give any relief to the appellants as the same would be beyond the powers of this Court under Section 37 of the Arbitration and Conciliation Act, 1996. In view of our finding as stated above, the Arbitration Appeal is liable to be dismissed and we dismiss the same accordingly.
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