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2003 Supreme(Bom) 888

S.A.BOBDE
Iridium India Telecom Limited – Appellant
Versus
Motorola Inc a Corporation & another – Respondent


Judgment

BOBDE S.A., J.:---These are the plaintiff's motions for orders in the nature of attachment before judgment and injunction for obtaining security for a decree that might be passed in the plaintiff's favour.

2. Iridium India Telecom Ltd., hereinafter referred to as the "plaintiffs", has filed this suit against the defendant No. 1 i.e. Motorola Inc., inter alia, for a declaration that the agreement dated 19-7-1993 with the defendant No. 2 and a supplementary agreement dated 15-9-1994 for purchase of stocks and shares of the defendant No. 2 are void and for a further declaration that another agreement dated 30-11-1995 called "gateway equipment purchase agreement and a restated agreement dated 10-7-1997 for the same equipment are void. As a consequence thereof, the plaintiff has sought a decree of U.S. $ 120,490,000 with further interest on the principal sum of U.S. $ 90,330,000 relatable to the amount paid by it for purchase of shares and another sum of Rs. 377,21,54,857. The particulars of claim at Exh. 'C' are in respect of to (i) Equity Investment in Iridium Lic.; (ii) expenses incurred for setting up gateway at Pune; (iii) other expenses incurred relating to Iridium system o





























































































































































































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