IA No.6426/2014 (u/O 39 Rs 1 & 2 r/w Sections 94 & 151 CPC)

1. The present order shall dispose of application bearing IA No.6426/2014 under Order 39 Rule 1 & 2 CPC read with Section 94 & 151 CPC filed along with the main suit.

In the main suit, the plaintiff has prayed for the following reliefs

a) Pass a decree for declaration that the memorandum of understanding dated 23.01.2012 is a legal, valid and binding agreement between the plaintiff and the defendant No.1

b) Pass a decree of permanent injunction restraining the defendant No.1 from proceedings with the ICC Case No.19554/CYK.

2. In order to appreciate the facts and the issue involved, it would be better to refer to the parties by their initial names because there is other litigation pending in this very court where the defendant No.1 is the plaintiff and the defendant No.2 in the present case, is the defendant No.3 and plaintiff is the defendant No.1 in those proceedings. In those cases there is one more party Rakesh Bakshi who along with ECO RRB is alleged to be controlling 99% shares of the plaintiff in the present case. These suits initiated by defendant No.1 are bearing No.1448 and 1449/2013. The four parties to wh