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1919 Supreme(Cal) 93

RANKIN
Sardarmull Jessraj – Appellant
Versus
Agar Chand Mahata and Co. – Respondent


JUDGMENT

Rankin, J. - In this case the plaintiffs ask for an interlocutory injunction to restrain further proceedings before an Arbitration Tribunal under a commercial contract for the sale of goods. The plaintiffs deny that the alleged written contrast was ever signed by them or on their behalf. The defendants put forward a document and they allege that that document was the document of. the plaintiffs, and in this case as in may others I find there is no possibility of my deciding even provisionally with any certainty as to which of these parties are in the right. Under these circumstances I have to consider whether it is right that an interlocutory injunction should go to restrain the arbitration until this question has been determined. This is a question which has arisen before, but I have not had occasion to decide it before, and I think it desirable that the matter should be decided, so far as I am concerned, for the benefit of future oases that may arise.

2. Now it is to be determined according to the principles which this Court has inherited as part of its inherent jurisdiction from the old Court of Chancery, The special Indian legislation about interlocutory injunctions is c

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