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2008 Supreme(Del) 855

MANMOHAN, MANMOHAN SARIN
Sagar Warehousing Corporation and etc. – Appellant
Versus
Pawan Hans Helicopters Ltd. – Respondent


Advocates appeared
Valmiki Mehta, Sr. Adv. with Ms. Lalita Kohli and Ms. Charu, for Appellant; Ms. Ritu Bhalla and Dhru Dewan, Rajendra Gupta, Naresh Joshi, for Respondents.

Judgement

MANMOHAN SARIN, J. :-

By this common judgment, two appeals namely FAO(OS) 258/2008 filed by M/s. Sagar Warehousing Corporation and FAO(OS) 259/2008 filed by M/s. Fly Jac Forwarders (now known as Fly Jac Logistic Pvt. Ltd.) are being decided, as challenge in both the appeals is to the common order and judgment dated 22nd April, 2008 by which IA No. 7864/2003 preferred by appellant Sagar Warehousing Corporation and IA No. 7863/2003 preferred by appellant M/s. Fly Jac Forwarders were decided, assailed in the present appeals. Both the appellants by the respective I. As had sought vacation of the ex parte ad interim order passed by the learned Single Judge on 20th February, 2002. Directions had also been sought by the appellants for removal of the goods by Pawan Hans Helicopters Ltd. after paying the dues of the appellants for transportation and warehousing charges. Vacation of the restraint on the appellant from alienating, encumbering and disposing of the goods was also sought.

2. For facility of reference, Sagar Warehousing Corporation-appellant in FAO (OS) 258/2008 is being referred to as 'SWC', M/s. Fly Jac Forwarders-appellant in FAO (OS) 259/2008 as TJF', Pawan Hans Helic
















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