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2008 Supreme(Del) 455

BADAR DURREZ AHMED
Pawan Hans Helicopters Ltd. – Appellant
Versus
AES Aerospace Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rajiv Datta, Sr. Adv. and Dhruv Dewan, Adv.
For Respondents/Defendant: Sheel Sethi, Adv. in is 7863/03 and Lalita Kohli, Adv. in is 7864/03

JUDGMENT

Badar Durrez Ahmed, J.

1. This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) seeking interim measures of protection which include restraining the respondent or its agents from alienating, encumbering, disposing of, selling, destroying, etc., the goods in question and in allowing the petitioner to remove the said goods from the warehouse of M/s Sagar Warehousing Corporation and shift the same to its premises at Mumbai.

2. On 20.12.2002, this Court, after hearing the petitioner and after considering the contents of the petition, was of the view that a prima facie case for granting ex parte ad interim injunction in terms of prayer (a) of the petition had been made out and accordingly it was so ordered. Prayer (a) of the petition reads as under:

(a) Restrain the respondent or its agents, more particularly M/s Fly Jac, having its office at 516-517, Vishal Tower, 10 District Centre, Janak Puri, New Delhi-110058 and M/s Sagar Warehousing Corporation, having its registered office at 18, Eastern Chambers, 2nd Floor, Poona Street, Nandlal Jani Road, Masjid (East), Mumbai-400 009, from alienating, encum



















































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