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2015 Supreme(Guj) 2241

HARSHA DEVANI
Montblanc Simplo GMBH – Appellant
Versus
Entrack International Trading Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mihir Joshi, Senior Advocate with R.S. Sanjanwala, Senior Advocate with Dhaval Shah and Gaurav Kothari, Advocates
For the Defendant :Kamal B. Trivedi, Senior Advocate with Devans Mohta, Advocate, S.N. Shelat, Senior Advocate with Mitul Shelat and Saurin Mehta, Advocates, S.I. Nanavati, Senior Advocate with Aftab Diamondwala, Saurin Shah and Anuja S. Nanavati, Advocates, B.B. Naik, Senior Advocate with Bhargav and Shaikh Aziz Mohammed, Advocates

JUDGMENT :

Harsha Devani, J.

This appeal under section 50 of the Arbitration and Conciliation Act, 1996 is directed against the order dated 19th November, 2014 passed by the learned 13th Additional Senior Civil Judge, Rajkot below Exhibit-16 in Special Civil Suit No.188/2014 whereby the application filed by the appellants under section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been rejected.

2. The present appeal arises in the backdrop of the following facts. The respondents No.1 to 6 herein instituted a suit in the court of the learned 13th Additional Senior Civil Judge at Rajkot being Special Civil Suit No.188/2014 seeking the following reliefs:-

    (A) That this Hon'ble Court be pleased to Order and Decree the Defendants, jointly and/or severally, to pay to Plaintiff No.1 an amount of Rs.217,96,00,000/- along with interest thereon at the rate of 18% per annum from the date hereof till payment and/or realization;

(B) That this Hon'ble Court be pleased to Order and Direct the Defendants, jointly and severally, to return to the Plaintiffs the Confidential Information supplied by the Plaintiffs to the Defendants as per the Confidentiality Ag

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