SOUMEN SEN
Lindsay International Pvt. Ltd. – Appellant
Versus
Laxmi Niwas Mittal – Respondent
Soumen Sen, J.
The apparent conflict between the shareholders of the plaintiff No. 1 has resulted in the institution of a suit by the plaintiffs seeking specific performance of several agreements between the petitioners and the respondent Nos. 1 to 38 and a declaration that the petitioner-Company is exclusively entitled to be the sole purchasing representative in perpetuity of the respondent Nos. 2 to 38 for procurement of the goods and services from India. The petitioners have also claimed perpetual injunction restraining the respondent Nos. 39 to 42 from acting in breach of negative covenant as pleaded in Paragraph 42 of the Plaint.
2. The reliefs in the suit as well as in this application are based on a plea of pre-incorporated contracts, oral agreements, collaboration agreement and a shareholder's agreement followed by conduct of the parties for almost 20 years giving a special right in favour of the plaintiff to exclusively supply materials to Arcelor-Mittal Companies (hereinafter referred to as "AM Companies") outside India after procuring the materials, inter alia, from the respondent Nos. 39 to 42. The plaintiff claims that apart from the agreements pleaded in the l
Gujarat Bottling Co. Ltd. & Ors. v. Coca Cola Co. & Ors. reported at (1995) 5 SCC 545;
Gangotri Enterprises Limited v. Union of India & Ors. reported at (2016) 11 SCC 720
Indian Oil Corporation Ltd. v. Amritsar Gas Service & Ors.; 1991 (1) SCC 533
Md. Ziaul Haque v. Calcutta Vyaper Pratisthan reported at AIR 1966 Cal 605
M/s. G.D. Green Flora Resorts Pvt. Ltd. v. M/s. Kuhn-Rikon Asia Pvt. Ltd.; AIR 1999 Del 229
M/s. Classic Motors Ltd. v. M/s. Maruti Udyog Ltd.
Ouseph Varghese v. Joseph Aley & Ors. reported at 1969 (2) SCC 539
Percept D’Mark (India) (P) Ltd. v. Zaheer Khan & Anr. reported at (2006) 4 SCC 227.
Rajasthan Breweries Ltd. v. The Stroh Brewery Company reported at 2000(55) DRJ 68 (DB)
Rohit Dhawan v. G.K. Malhotra & Anr. reported at ILR (2001) II Delhi 690 : AIR 2002 Del 151
T. Arivandandam v. T.V. Satyapal & Anr. reported at (1977) 4 SCC 467
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