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2000 Supreme(Bom) 46

S.S.NIJJAR
Aviat Chemicals pvt. Ltd. . – Appellant
Versus
Jagmohansingh Arora and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This Judge's Summons has been taken out by the appli cants Aviat Chemicals Private Ltd. (hereinafter referred to as "Aviat") for a direction to the respondents Jagmohansingh Arora others (hereinafter referred to as "Aroras") to pay to Aviat an amount of Rs. 1,22,77,000/- on account of loss of profit and loss of reputation and goodwill and legal costs.

2.Aroras had filed a Company Application being Company Application No. 152 of 1999 inter alia for setting aside of the order dated 17th December, 1998. This application was taken out by Aroras on the ground that Aviat had obtained the order dated 17th December, 1998 from the Company Court by suppressing material facts and by playing a fraud on the Court. On 4th February, 1999 Aroras were granted ad interim relief whereby Aviat was restrained from alienating or encumbering immovable property of Aviat and from carrying out production activities from the formulation unit which was set up by Aviat. An undertaking in terms of Rule 148 of the Bombay High Court (O.S.) Rules was furnished by Aroras in March 1999. Subsequently, the Company Application was heard on 23rd March, 1999, 24th March, 1999 and on 26th M



















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