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2004 Supreme(Bom) 434

F.I.REBELLO
Global Marketing Direct Limited – Appellant
Versus
GTL Limited & another – Respondent


JUDGMENT - REBELLO F.I., J.: - The petitioner herein is the original defendant No. 2 in Special Civil Suit No. 50 of 2002 filed by the respondent No. 1. The respondent No. 2 is the original defendant No. 1. The suit by the respondent No. 1, principally seeks reliefs, that the agreements dated 9th November, 2000 and 18th January, 2001 and arbitration agreements contained therein are illegal, null and void ab initio or inoperative and/or incapable of being performed and other consequential reliefs. The agreements are between the respondent No. 1 and petitioner on the one hand and respondent No. 1 and respondent No. 2 on the other hand. An application for interim relief was moved by the respondent No. 1 to restrain the petitioner and respondent No. 2 from in any manner commencing and/or in proceeding with and/or participating in any proceeding in a Court of law and/or any arbitration under the agreements dated 9th November, 2000 and 18th January, 2001 and also restraining them from acting upon or in furtherance of the above mentioned agreements. The application for injunction was rejected by the trial Court by its order dated 13th August, 2002. Against that an appeal came to be filed























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