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2008 Supreme(Del) 454

BADAR DURREZ AHMED
Moser Baer India Ltd. – Appellant
Versus
Koninklijke Philips Electronics NV. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Harish N. Salve, A.S. Chandhiok, N.K. Kaul and Sanjay Jain, Sr. Advs. and Vijay Sondhi, Sanjeev Kumar, Ashish Prasad, Abhinav Sanghi, Amrban Bhattacharya, Sweta Kakkar, Madhukar Dhingra, Abhiruchi Mengi, Anu Bagai, Enagoli Sema and Bhuvan Mishra, Advs.
For Respondents/Defendant: Dushyant Dave, Sr. Adv. and Praveen Anand, Ravi Varma, Ameet Dutta, Himanshu Bagai, Thomas George, Milanka Chaudhary and Sarojanand Jha, Advs.

JUDGMENT

Badar Durrez Ahmed, J.

1. Through this application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC"), the plaintiff is seeking, as an interim injunction, essentially the same relief sought in the suit itself , which is to restrain the defendants from initiating any fresh proceedings against the plaintiff in a foreign court and from continuing with the suit - Koninklijke Philips Electronics NV v. Moser Baer India Ltd. - filed by the defendant No. 1 at The Hague, The Netherlands, as well as from continuing with the third party claim and counter claim filed by the defendant No. 1 against, inter alia, the plaintiff in the complaint [Civ.A. No. 07-3668 (DWF/AJB)] filed by Imation Corporation before the Minnesota District Court, USA. Briefly put, the plaintiff prays for an anti-suit injunction against the defendants (more particularly against defendant No. 1) on the strength of interim orders passed by this Court in the plaintiffs earlier suit [CS (OS) 2026/2006] and on the pleas of forum non-conveniens and that the proceeding before the foreign courts are vexatious and oppressive to the plaintiff. The defendants have resisted
































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