( 1 ) WHETHER this Court or for that matter any Civil Court in India could injunct a person from pursuing his lawfully instituted proceedings in a foreign Court and whether such injunction would amount to staying the proceedings of that Court are the interesting questions arising in this appeal.

( 2 ) THE appeal is directed against an ex-parte interim order dated 27. 7. 2004 passed by the learned Trial Judge in respondent s suit No. 1470/2002 and interim stay matter (IA No. 2785/2003) directing appellant not to proceed any further in his case pending in the Court of Magistrate Judge PEPE, United States District Court at michigan, USA.

( 3 ) THE parties are involved in a dispute on infringement of copyright in software under the name digifile . While Appellant has filed a suit at Michigan, usa seeking cancellation of US copyright registration obtained by the respondent, the respondent has also filed a declaratory and injunction suit in this regard along with an application under Section 39, Order 1 and 2 CPC for grant of an interim injunction restraining Appellant from proceeding in any manner with his case in the michigan Court. This application appears to have been filed in the b

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