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2008 Supreme(Del) 1143

A.K.SIKRI, MANMOHAN SINGH
Magotteaux Industries Pvt. Ltd. – Appellant
Versus
AIA Engineering Ltd. – Respondent


Advocates Appeared:
Dr. Abhishek Manu Singhvi, Sr. Adv. With Mr. Prem Sewak and Ms. Shefali Sewak, Advocates
Mr. C.A. Sundaram, Sr. Adv. with Ms. Roshini Musa, Mr. Abhishek K. Gupta and Mr. Sanjeev Tiwari, Advocates

MANMOHAN SINGH, J.

1. The respondent/plaintiff has filed a suit for anti suit injunction,A damages and other reliefs. An application under Order 39 Rules 1 and 2 CPC seeking issuance of an ex parte ad interim injunction being I.A. No. 5854/08 has also been filed. An ex-parte ad-interim injunction was issued on 13th May 2008 restraining the Appellants, their agents and representatives from proceeding further with the complaint pending on the file of the United States International Trade Commission, Washington DC, USA ( hereinafter referred to as USITC) under Section 337 of the United States Trade Tariff Act.

2. Against the said ex-parte ad-interim order present Appeal under Section 10(1) of Delhi High Court Act, 1966 read with Order 41 Rule 1(r) of CPC has been filed.

.3. While granting the ex parte ad interim injunction the learned single Judge in Para 12 of the impugned order has given the following reasons:- In the present case, the plaintiff, in addition to disclosing a prima facie case has been able to satisfy this court that unless ex parte injunctive relief is granted at this stage it would be put to substantial hardship. Such material in the form of notices furnished to it



















































































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