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2006 Supreme(Del) 1731

REVA KHETRAPAL
Inox AIR Products Ltd. – Appellant
Versus
Rathi Ispat Ltd. – Respondent


Advocates Appeared:
Pravir K. Jain and Ms. Archana Jain, for Plaintiff; Valmiki Mehta, Sr. Counsel with Shiv Khorana and Amit Gaurav Singh, for Defendant.

ORDER :- The question of maintainability of the above suit in this Court and the jurisdiction of this Court to entertain the same has arisen. The prayer of the plaintiff is for a decree of permanent injunction in favour of the plaintiff and against the defendants there by restraining the defendants from running or in any manner using the three Cryogenic Air Separation Plants of the capacity of 2 x 200 Cum/hr and 600 Cum/hr along with compressors, storage vessels and other equipment of the plaintiff. The plaintiff further prays for a decree of mandatory injunction against the defendant thereby directing the defendant to allow access and entry to the representatives of the plaintiff into the premises of the defendant at Ispat Nagar, Ghaziabad (U.P.) for ensuring security and maintenance of the aforementioned equipment and in co-operating in dismantling and removal of the said three Cryogenic Air Separation Plants leased to the defendant by the plaintiff.

2. The defendant having filed a caveat, counsel for defendant appeared at the first hearing of the suit to contest the maintainability of the same on the ground that this Court lacks territorial jurisdiction to entertain the same, the


































































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