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2009 Supreme(Cal) 269

B.Bhattacharya, Tapan Kumar Dutt
G E Capital Transportation Financial Services Ltd – Appellant
Versus
Amritajit Mitra – Respondent


Advocates Appeared:
Bidyut Kumar Banerjee, Kakali Chatterjee, Lal Ratan Mondal, Mainak Bose, Partha Chakravarty, Phiroze Edulji, S.P.Roychowdhury, Shila Sarkar, Sidharth Luthra,

JUDGMENT

1. THE above twenty-one first miscellaneous appeals with the connected applications were heard analogously as the points involved in all these appeals were more or less similar. The facts involved in these appeals are also to some extent similar with slight variations in some of the cases. Accordingly, we decided to hear out all these appeals together and have heard the learned counsel appearing for the respective parties.

2. ALL these appeals are preferred by the financier and are directed against similar orders passed by the learned Trial Judge thereby extending the ad interim order of injunction earlier granted in the proceeding by restraining the financier from taking possession of the vehicle which is the subject-matter of the dispute till the disposal of the application for temporary injunction in spite of the fact that the financier-appellant entered appearance and filed applications under Sections 5 and 8 of the Arbitration and Conciliation Act pointing out existence of the arbitration agreement between the parties and in some of the matters, the appellant filed written objection to the application for injunction opposing extension by pointing out suppression of mat




























































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