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1979 Supreme(Cal) 127

PADMA KHASTGIR
Enterprise for Waterways Ivan Milutinovic Pim – Appellant
Versus
Board of Trustees for the Port of Mourmugao – Respondent


Advocates appeared:
K.S. Cooper, T.K. Bose for the petitioner.
M.K. Banerjee, Umesh Banerjee for the respondent

ORDER

1. This application has been taken out by the Board or Trustees for the Port of Mourmugao, the defendant no. 1 herein for an order for revocation of leave granted under clause 12 of the Letters Patent in this suit, the suit and any proceedings thereunder be permanently stayed, injunction restraining the plaintiff and/or its agents or servants or assigns from taking any further steps in the said suit and for other consequential reliefs.

2. The facts of this application shortly are that the plaintiff M/s. Enterprise for Waterways Ivan Milutinovic Pim instituted this suit against the petitioner, the defendant no. 2, United Commercial Bank, and defendant no. 3 on 20th of November, 1978, inter alia, for a declaration that the deed of guarantee dated 14th of September, 1974 executed by the defendant no. 2 in favour of the defendant no. 1 ceased to have effect from 1st of December, 1976 and the same is not binding and/or enforceable against the plaintiff from that date. As such the said deed of guarantee be declared null and void on and from 1st of December, 1978, and an order for delivery up of the deed of guarantee and also for a declaration that the Ports Trusts are not entitled t

























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