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1999 Supreme(Cal) 145

S.B.SINHA, S.N.BHATTACHARJEE
KHAITAN (INDIA) LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ABHIJIT BASU, D.N.MITRA, Jayanta Mitra, R.BANERJI, RANJAN DEB GANGADEB, S.K.GHOSH

( 1 ) THIS appeal is directed against a judgment and order dated 18th March, 1999 passed by a learned single Judge of this court in A. S. T. No. 641 of 1999 whereby and whereunder the writ application filed by the appellants herein had been dismissed on the ground of existence of alternative remedy as also lack of territorial jurisdiction on the part of this court.

( 2 ) THE respondent herein had filed an application before the Monopolies and Restrictive Trade Practices Commission, Delhi, inter alia, on the ground that the appellant herein has taken recourse to unfair trade practices.

( 3 ) IN the said proceeding an application for injunction has been filed which had been granted by an order dated 8th March, 1999. Questioning the said order a writ application was filed and upon dispensing with the requirement of Rule 27 of the writ Rules framed by this court, the learned trial Judge passed interim order in favour of the writ petitioner on 11th March, 1999. The respondents having been noticed, raised preliminary questions as regards the maintainability of the writ application.

( 4 ) BOTH the aforementioned contentions as had been raised by the respondents herein, as indicated her



























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