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2006 Supreme(Del) 1538

VIKRAMAJIT SEN
SEA TRANSPORT CONTRACTORS LTD – Appellant
Versus
INDIAN FARMERS FERTILISER COOP. LTD – Respondent


Advocates Appeared:
A.S.CHANDHIOK, Aparajita Sinha, JASMEET SINGH, Rajiv Bansal, RAJU RAMACHANDRAN, TASNEEM AHMADI, V.P.SINGH


VIKRAMAJIT SEN, J.

( 1 ) BY these Orders I shall dispose of an application bearing No. 6425/2006 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 filed by the Plaintiff, namely, Sea Transport Contractors Ltd. ('stc' for short) seeking an ex parte ad interim injunction restraining Defendant no. 1, namely, Indian Farmers Fertiliser Cooperative Ltd. ('iffco' for brevity) from transmitting an alleged debt of Rs. 180,60,00,000 (Rupees one hundred eighty crores and sixty lacs only) being the equivalent of approximately U. S. dollars 40 million to Defendant No. 2, namely, industries Chimiques du Senegal ('ics' for short ). ICS has filed LA. No. 7132/2006 under Order XXXIX Rule 4 C. P. C. praying for the vacation of the ex parte ad interim injunction granted by me on the first date of hearing viz. 29. 5. 2006; I had restrained IFFCO from making payment to ICS unless a sum of 40 million dollars was first set aside by IFFCO and deposited by it in Escrow Account. IFFCO has filed LA. 7133/2006 also under Order XXXIX rule 4 for recalling these very Orders.

( 2 ) THE following prayers have been made in the plaint:

(a) pass a Decree of permanent injunction restraining Defend























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