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2013 Supreme(Guj) 367

R.D.KOTHARI
TECNIMONT ICB PVT. LTD. – Appellant
Versus
AFCONS INFRASTRUCTURE LTD. – Respondent


Advocates Appeared:
MR. MIHIR JOSHI, SENIOR ADVOCATE WITH MR. S.I. NANAVATI, SENIOR ADVOCATE INSTRUCTED BY MR. SAURIN A. MEHTA WITH MR. GABRIEL AND MS. NIDHI MUDGAL FOR MRS. V.D. NANAVATI, ADVOCATES for the Appellant.
MR. S.N. SOPARKAR, SENIOR ADVOCATE WITH MR. PERCY KAVINA, SENIOR ADVOCATE INSTRUCTED BY MR. NANDISH CHUDGAR AND MR. HARDIK MEHTA FOR NANAVATI ASSOCIATES, ADVOCATES for respondent No.1.
MR. AJAY R. MEHTA, ADVOCATE for Respondent No.2.

JUDGMENT :

Admit. Learned advocate Mr. Nandish Chudgar waives service of notice for the respondent, who appears on the basis of the Caveat.

With the consent of learned counsels for the parties, the matter is taken up for final hearing at the admission stage.

2. The appellant challenges issuance of ad interim ex parte injunction order by the learned 3rd Additional District Judge, Bharuch.

3. Broadly stated, respondent No.2, Oil and Natural Gas Corporation [“ONGC” for short] had engaged the appellant to set up PP & PE Plant at Dahej – Bharuch. The appellant, in turn, has entered into contract with the respondent No.1. It is subcontract. It was submitted that the project undertaken by the appellant via this contract with ONGC is of Rs. 2000 Crores, while the subcontract with respondent No.1 is of about Rs. 100 Crores. The said subcontract for part of PP & PE Plant was said to have been entered into on 24.11.2011. Thereafter, on 19.7.1913, the appellant had terminated the said subcontract with respondent No.1. It appears that to resolve the differences, a joint meeting was held on 6.8.2013. Much of the arguments by the learned advocates for the parties centers around the minutes of the mee













































































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