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1998 Supreme(Del) 508

B.K.RAMAMOORTHY
HINDUSTAN TIMES LIMITED – Appellant
Versus
COMPAGNIE INTERNATIONAL POUR LE RADIOTELEPHONE – Respondent


Advocates Appeared:
ANIL SHARMA, ANJU BHATTARCHARYA, DIPANKAR GUPTA, G.K.BANERJEE, Manmohan, RAJIV NAYAR, SIMA SAPRA, V.P.Singh

K. RAMAMOORTHY

( 1 ). The plaintiff has filed the suit claiming the following reliefs :-

"a for the following declarations of this Hon ble Court: (i) that the Amendment dated 3. 6. 1995 to the JVA dated 5. 5. 1995 is illegals ineffective in law, and void ab-initio (ii)that the plaintiffs, not being, a party to the JVA dated 5:5. 1995, are not bound by the terms thereof, including the arbitral agreement contained in Clause 12 there of (iii) That the 5th defendant had no power or authority in fact or in law to make the plaintiffs a party to the JVA, as illegally, deceitfully and unauthorisedly sought to be done by the 5th Defendant on 3. 6. 1995 acting in concert with Defendants 1 to 3; (iv) that Defendant Nos. 1 to 3 are not entitled in law to initiate arbitration proceedings against the plaintiffs or processed with the same before the I or at all.

B For an order and decree of this Hon ble Court against the Defendants 1 to 3, ordering and directing Defendants 1 to 3, by themselves, their servants and agents to forthwith deliver up to this Hon ble Court the amendment agreement dated 3. 6. 95. Annex. T hereto) so that the same may be cancelled by this Hon ble Court.

C for a permanent o




































































































































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