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2002 Supreme(Del) 690

S.MUKERJEE, DEVENDER GUPTA
PALM PRINT TEXTILES INDIA LIMITED – Appellant
Versus
BRITISH MILLERAIN COMPANY LIMITED – Respondent


DEVINDER GUPTA

( 1 ) AFTER having heard learned counsel for the parties on 7. 5. 2002 and 8. 5. 2002 short operative order was dictated in Court on 8. 5. 2002, stating that for detailed reasons to follow later, the respondent shall stand restrained from proceeding with its suit in English High court proceedings-Claim No. HQ 02x00183 British Milierain co. Limited v. Harish Ahuja and (2) Palmprint Textiles (India) Limited. The appeal and the miscellaneous application stood disposed of. we are now supplying the reasons in support of our order.

( 2 ). The plaintiff/appellants felt aggrieved by the order passed by learned Single Judge on 19. 4. 2002 when, on their application (I. A. 3869/2002), ex-parte ad-interim order of restraint against the defendant/respondent, was not issued and instead the application was adjourned to 20th May, 2002. In the said application filed under Order 39 Rules 1 and 2 CPC, the plaintiff had prayed as under :-

"pass ex parte ad-interim order restraining the defendant and/or its servants or agents From in any manner proceeding with claim No. HQ 02x00183 dated 18. 1. 2002 presently pending before the High Court of Justice of england and wales and/or any proceed












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