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2014 Supreme(Bom) 1354

S.C.GUPTE
Hansraj Nayyar Medical India – Appellant
Versus
Smith Medical International Limited – Respondent


Advocates:
Advocate Appeared
Mr. Haresh Jagtiani, Senior Advocate with Mr.Amin Arsiwala, Mr.Parag Sharma, Mr.Mihir Kamdar, Ms.Vandana Mehta i/b. M/s.Udwadia & Udeshi for Plaintiff.
Dr.Veerandra Tulzapurkar, Senior Advocate with Mr.Simil Purohit, Mr.Raj Panchmatia, Mr.Peshwan Jehangir i/b. M.s.Khaitan & Co. for Defendants.

JUDGMENT


This is a suit filed for anti-suit injunction restraining the Defendants from proceeding before the Commercial Court in England in respect of the claim filed by them against the Plaintiff herein, being Claim No.2013 Folio 1380. The Notice of Motion seeks an interim order of injunction in the same terms.

2. The Plaintiff is a proprietorship concern engaged in the business of selling and marketing medical products. Defendant No.1 is a company incorporated in England having its registered office at Ashford, Kent. Defendant No.1 is engaged in the business of manufacturing and production of pharmaceutical and medicinal preparations. Defendant No.2 is an Indian company, said to be a subsidiary of Defendant No.1.

3. By an Exclusive Distribution Agreement dated 16 May 2011 (EDA), the Plaintiff was appointed as an Exclusive Distributor for resale of the products of Defendant No.1 in a defined territory, namely, India, Nepal, Bhutan and Maldives. The Plaintiff was to import and distribute the products in the territory so defined during the term of the EDA, which was to be for two years terminable by a written notice of not less than six months. The EDA inter alia provided that the m






























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