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2009 Supreme(SC) 553

R.V.RAVEENDRAN, MARKANDEY KATJU
Shin-Etsu Chemical Co. Ltd. – Appellant
Versus
Vindhya Telelinks Ltd. – Respondent


Advocates appeared:
For the Appellants :C.A. Sundaram, Yashraj Singh, T.S. Sabasish, Surendra Mann (M/s. K.L. Mehta & Co.), Advocates.
For the Respondents:Mukul Rohtagi, Dushyant Dave, Sr. Advs., R.K. Sanghi, Narendra M. Sharma, Anirudh Rajput, Santosh Krishna, Rajesh Prasad Singh, Advocates.

JUDGMENT

R.V. Raveendran, J.—

These appeals by special leave are filed against the order dated 30.11.2006 passed by the IV Additional District Judge, Rewa, Madhya Pradesh, aggrieved by the remand, while allowing in part Civil Appeal Nos.24 and 25 of 2006 filed by the appellant, with a direction to reconsider the applications of the appellant under Section 45 of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) in terms of the Judgment of this Court in Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd. & Anr.1 2005(7) SCC 234.

2. Vindhya Telelinks Ltd. and Optic Fibre Goa Ltd. - respondents 1 & 2 in the first of the two appeals filed Civil Suit Nos. 31-A of 2002 (renumbered as Civil Suit No.38A of 2004) on the file of the Civil Judge, Class-I, Rewa, Madhya Pradesh for a declaration that the Long Term Sale and Purchase Agreement entered between appellants and them, was null and void and for a permanent injunction restraining the appellant (first defendant in the suit) from relying upon/invoking/giving effect to any term of the said agreement. Similarly, Birla Ericsson Optical Ltd. and Optic Fibre Goa Ltd - respondents 1 & 2 in the second of these appeals, filed Civil Suit
























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