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1955 Supreme(Bom) 259

P.B.GAJENDRAGADKAR
U. D. Patel and Co. – Appellant
Versus
C. M. Milligam and Clarke Ltd – Respondent


Judgment

1. This is an appeal by the plain-tiffs against the order passed by the learned Judge of the City Civil Court refusing to grant an injunction as prayed by them. It appears that between the plaintiffs and the defendants two proceedings are at present pending. The respondents have filed a petition in the City Civil Court on 23-6-1955.

This petition has been filed under Section 5, Arbitration (Protocol and Convention) Act 6 of 1937. The respondents case is that a foreign award has been validly made between them and the appellants and they want the City Civil Court to pass a decree In terms of this award. While the petition was pending in the trial Court, the appellants filed their suit No. 2554 of 1955.

In this suit fine appellants in substance contend that a decree in terms of the foreign award should not be passed and they have made several allegations in support of this prayer. It is a suit filed to obtain a permanent injunction restraining the respondents Irani taking any further steps in the matter of obtaining a decree in terms of the foreign award.

Alter this suit was filed by the appellants, they took out a notice of motion and they urged that pending the final decision o
























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