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2008 Supreme(Del) 891

HIMA KOHLI
Virender Yadav – Appellant
Versus
Aerosvit Airlines – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: G.L. Rawal, Sr. Adv. and D.B. Kalia, Adv.
For Respondents/Defendant: Rajiv Nayar, Sr. Adv., Manik Dogra, Adv. for D-1 and 2 and H.L. Tiku, Sr. Adv. and Anupama, Adv. for D-3

JUDGMENT

Hima Kohli, J.

1. The present application is filed by the defendants No. 1 and 2 under Section 8 of the Arbitration and Conciliation Act, 1996 (for short `the Act) praying inter alia for rejection of the plaint and for reference of all the disputes between the defendants No. 1 & 2 and the plaintiff to arbitration on the ground that the parties are governed by an arbitration clause, in terms of Article 8 of the Agreement.

2. A brief reference to the facts of the case is necessary. The plaintiff has filed the present suit against the defendants for permanent and mandatory injunction. It is the case of the plaintiff that the defendant No. 1 appointed the plaintiff as its Sole Carrier Cargo Sales Agent in the Indian territory for a period of four years vide Carrier Cargo Sales Agent Agreement dated 20.10.2004. The grievance of the plaintiff is that during the currency of the Agreement, the defendants No. 1 & 2 have appointed the defendant No. 3 as their Cargo Agent within entire Indian territory as assigned exclusively to the plaintiff and thus breached the Agreement governing the parties. The relief sought by the plaintiff in the prayer clause is reproduced herein below for





































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