Manmohan Singh, J.

1. By this order, I propose to decide the defendant No. 1's application under Order VII, Rule-11(a) read with Section 151 of the Code of Civil Procedure, 1908 for rejection of plaint on the ground of lack of cause of action against defendant No. 1.

2. The plaintiff filed the present suit for mandatory injunction and alternatively recovery of suit property and mesne profits.

3. Plaintiff's Case

(a) The plaintiff is the joint owner of the stock company incorporated under Russian Laws, having its registered office in Russia. The suit is filed through Mr. Mirzayanovich Mirzayanov, duly constituted person of the company. Defendant No. 1 is a public limited company incorporated under the Indian Laws. Defendant No. 2 is a company under the laws of Russian Federation.

(b) Defendant No. 2 entered into a contract dated 24.4.2005 which is herein after mentioned as the "Supply Contract" with defendant No. 1 for supply of two MI-172 Helicopters which are to be supplied to defendant No. 1. For maintenance of the delivered helicopters, defendant No. 2 entered into a contract dated 07.07.2005, which is hereinafter referred to as the "Maintenance Contract", with defendant No. 1.

(c) Th