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2012 Supreme(Del) 2057

KAILASH GAMBHIR
SHIJU JACOB VARGHESE – Appellant
Versus
TOWER VISION LTD. – Respondent


Advocates Appeared:
Mr. Anil Airi with Mr. Naveen Kumar
Mr. Rajiv Nayyar, Senior Adv. For Defendant nos. 1,2,4,5,6 and Mr. Parag P. Tripathi, Senior Adv. For Defendant no. 3

Judgment

1. This order shall dispose of IA No. 4784/2012 under Order 39 Rule 4, CPC, IA No. 4785/2012 under Sections 16 to 19, CPC and IA No. 4786/2012 under Order 7 Rule 11, CPC filed by the defendants.

2. Before I proceed to decide these applications, a brief narration of the facts of the case as set out by the plaintiffs and germane to the controversy are that the plaintiffs have filed the present suit for perpetual and mandatory injunction, declaration and rendition of accounts against the defendants. The plaintiff no.1 is stated to be a Non Resident Indian based in United Kingdom having expertise in providing consultancy services relating to business setup in the telecom sector all over the world, more particularly in India. The plaintiff no.2 is a Limited Liability Partnership incorporated under the laws of the United Kingdom wherein the plaintiff no.1 along with one Triassic Investments Ltd. are the members. The defendant no.1, Tower Vision Limited, TVL, is a company incorporated in Israel. The case of the plaintiffs is that the promoters of defendant no.1 company had approached the plaintiffs sometime in the year 2004-05 for setting up the Cellular Tower Business in India an










































































































































































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