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1986 Supreme(Bom) 246

A.D.TATED
Vashdev Bheroomal Pamnani – Appellant
Versus
M. Bipinkumar & Co. – Respondent


JUDGMENT - A.D. TATED, J.:---Both the civil revision applications are disposed of by this common judgment. The petitioner and the respondents are the same in both the revision applications. The petitioner (hereinafter referred to as "the plaintiff") instituted Civil Suits No. 4 of the 1985 and 8 of 1985 in the Court of the Civil Judge (Senior Division), Thane, for a perpetual injunction restraining the respondents (hereinafter referred to as "the defendants"), their agents and employees from entering into the suit premises situate at Plot No. B-46, 16/29 'C', Wagle Industrial Estate, Thane. In both the suits the plaintiff filed an application for a temporary injunction marked Ex. 5' in both suits. The learned trial Judge passed an ex-parte temporary injunction on 2nd January, 1985 and the defendants were noticed to show cause why the ex parte order for temporary injunction should not be confirmed in both the suits. The defendants put in appearance in both the suits and moved an application under section 34 of the Arbitration Act, 1940, which is marked Ex. 12' in both the suits. According to the defendants, the conducting agreement under which they were allowed to conduct the busine













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