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1993 Supreme(Del) 260

A.D.SINGH, G.C.MITTAL
U. K. MEHRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
C.M.OBEROI, D.S.Narula, MADAN LOKUR, P.N.LEKHI

ANIL DEV SINGH, J.

( 1 ) THIS is a petition for issue of a writ restraining first respondent from granting approval to the application of third respondent, a company incorporated in USA, for setting up a unit under Electronic Hardware Technology Park Scheme through the agency of its proposed Indian subsidiary.

( 2 ) ACCORDING to the case set up in the writ petition, the second petitioner, aprivate company incorporated under the Indian Companies Act and comprising of relations of the first petitioner, entered into an international distributorship agreement dated June 9, 1986 with the third respondent, a company incorporated in USA, manufacturing computer hardware and software and Automatic Teller Machines (for short atms ) etc. , whereby the second petitioner was appointed as the sole distributor in India with the right and licence to market and service the product of the third respondent. It is also claimed that they entered into ajoint venture agreement dated June 10,1986 for establishing a company in India with 40% equity participation by the third respondent or its nominee and 60% by the second petitioner or its nominee to manufacture, market and service NCR products.

( 3 ) THE















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