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