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2011 Supreme(Cal) 331

SAMBUDDHA CHAKRABARTI, BHASKAR BHATTACHARYA
Ghyanshyamdas Baheti – Appellant
Versus
Jamuna Transport Corporation – Respondent


Advocates Appeared:
For the Appellants:Mr. Abhrajit Mitra, Advocate.
For the respondents:Mr. Ratnanko Banerjee, Advocate.

JUDGMENT :-

Sambuddha Chakrabarti, J.

Three plaintiffs who are respondents Nos.1, 2 and 3 in the present appeal, filed a suit being C.S. No.24 of 2010 against the appellant and respondent No. 4, 5 and 6 praying for the following reliefs:

a) Decree for declaration that the notice dated 24th November, 2009 and the notice dated 1st January, 2010 are illegal, null and void;

b) Decree for delivery up and cancellation of the notice dated 24th November, 2009 and the notice dated 1st January, 2010 and for the same be adjudged null and void;

c) Decree for declaration that there is no arbitration agreement between the parties for adjudication of any disputes and differences by the defendant No. 4;

d) Decree for declaration that the defendants are not entitled to proceed in arbitration as against the plaintiff;

e) Decree for perpetual injunction restraining the defendants and each one of them from proceeding any further with the arbitration on the basis of the notice dated 24th November, 2009 and 1st January, 2010;

f) Decree for perpetual injunction restraining the defendants and each one of them from taking any step or any further steps on the basis of the purported notice dated 24th Nove



























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