Implications arising from SGCA’s approach in Anupam Mittal case in future arbitration proceedings

The case revolves around the oppression and mismanagement (“O&M”) grievance raised in a company petition filed by Mr. Mittal before the NCLT against Westbridge. Westbridge secured an ex-parte anti-suit injunction against the said proceedings on the grounds that the cause of action arose from the shareholder’s agreement between the parties, which contained an arbitration clause and hence the present matter was under the purview of an arbitration agreement.

Mr. Mittal challenged the said injunction in SGCA on the grounds that O&M matters are not arbitrable under the Indian Law and hence such matter does not fall under the purview of an arbitration agreement. SGCA upheld the anti-suit injunction with the reasoning that under the SIAA (2), O&M matters are arbitrable.

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