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2009 Supreme(Guj) 554

M.R.SHAH
Ashapura Minechem – Appellant
Versus
Ormet Primary Aluminium Corp. – Respondent


Advocates:
Appearance :
Mr. Mihir Joshi, Senior Advocate with S.N. Thakkar, for the Appellant No. 1.
Mr. Hiroo Advani, Senior Advocate with N.M. Bhatt, for the Respondent No. 1.

Judgment

M.R. Shah, J.—Present Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure 1908 has been preferred by the appellant herein - original plaintiff of Civil Suit No. 11 of 2007 pending in the Court of learned Principal Civil Judge, Jam Khambaliya challenging the impugned order dated 20.06.2007 passed by the learned Principal Senior Civil Judge, Jam Khambaliya passed below Exh. 5 interim injunction application submitted under Order 39 Rule 1 and 2 of CPC passed in Civil Suit No. 11 of 2007 by which the learned Trial Court has rejected the said application Exh. 5 submitted by the appellant - original plaintiff, restraining the original defendant No. 1, its officer, agents etc. from continuing the arbitration proceedings before the International Chamber of Commerce against the plaintiff or from initiating further proceedings before the I.C.C. New York, in respect of all dispute arising out of or in connection with the Alumina contract dated December 12, 2005.

2. Appellant herein - original plaintiff Ashapura Minechem Limited (for short ‘AML’) had instituted Civil Suit No. 11 of 2007 in the Court of learned Principal Senior Civil Judge, Jam Khambaliya for declarat







































































































































































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