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2002 Supreme(Bom) 685

A.M.KHANWILKAR
Rhodia Limited & others – Appellant
Versus
Neon Laboratories Limited – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This civil revision application takes exception to the order dated March 19, 2002 passed by the Civil Judge, Senior Division, Palghar below Exh. 1 in Special Civil Suit No. 9 of 2002. This Special Civil Suit has been filed by the respondent for declaration and specific performance and consequential reliefs against the applicants. The applicant Nos. 1 and 3 are the English Public Limited Companies incorporated under the English Law. Whereas, the applicant No. 2 is an Indian Company and having its office at Mumbai; and whereas, the respondent company is incorporated under the provisions of the Indian Companies Act, 1956 having its registered office at Mumbai. The respondent claims that it is engaged in the business of manufacture, sale, marketing and distribution of pharmaceutical products. The respondent has its manufacturing facilities located at various places, including at Palghar. By a "Distribution Agreement" dated August 1, 1997, the parties agreed to give exclusive right to the respondent to market and distribute the products, Isoflurane and Halothane, in the territories of India, Sri Lanka, Bangladesh and Nepal, for an initial period of 3 ye



































































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