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2019 (4) TMI 1950 - HC - Indian LawsSeeking deletion from the array of defendants - plaintiffs have filed this suit as a commercial suit and with respect whereto, timelines for disposal apply and the said timelines cannot be abided by the Court alone if the counsels do not cooperate in the same - HELD THAT:- Similar issue decided in the case of AMEET LALCHAND SHAH AND OTHERS VERSUS RISHABH ENTERPRISES AND ANOTHER [2018 (5) TMI 680 - SUPREME COURT] holding that when there are four agreements involving several parties but all the four for same purpose / commercial project and the averments in the plaint indicate that all four agreements are interconnected, the arbitration clause in the principal / main agreement would cover ancillary agreements and parties thereto also even though the ancillary agreements do not provide for arbitration. It was reasoned that in such eventuality disputes between the parties to various agreements could be resolved only by referring all parties to arbitration. Though the said judgment is in the context of Section 8 of the Arbitration Act but in my view would apply to Section 45 too and to the facts of present case. I have enquired from counsel for plaintiffs, why in accordance therewith, the entire dispute not arbitrable. The subject matter brought by the plaintiffs by way of the present suit is subject matter of an agreement referred to in Section 44 of the Arbitration Act - Suit disposed off.
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