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1996 Supreme(Del) 408

S.K.MAHAJAN
MUKAND LIMITED – Appellant
Versus
TYAZHPROM EXPON – Respondent


S. K. Mahajan, J.

( 1 ) DUE to the alleged existence of a negative covenant in the agreement stated to have been arrived at between the plaintiff and defendant No. l, the plaintiff, by this suit, wants to restrain defendant No. l from in any manner directly or indirectly pursuing or making any other agreements with defendant No. 2 or with any other party with respect to the contract for Sinter Plant-3 (Package SP3-2), raw material, storage and handling system at Bhilai Steel Plant of defendant No. 2. Alternatively, the plaintiff has claimed a decree for Rs. 5 crores against defendant No. l along With the pendente lite interest. Along with the suit, an application for injunction was filed for restraining defendant No. 1 from directly or indirectly pursuing or making any other agreements with defendant No. 2 or with any other person with respect to the aforesaid contract and further directing the said defendant to exclusively deal and cooperate with the plaintiff for the performance of the said contract, as contained in the consortium agreement dated August 19, 1995. Brief facts giving rise to the present suit are : -

( 2 ) THAT defendant No. l invited global tenders for pre-qualifica

























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