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2002 Supreme(Gau) 486

RANJAN GOGOI
Star India Ltd. – Appellant
Versus
Arup Borah and Ors. – Respondent


Advocates Appeared:
K.N.Choudhary, D.K.Mishra, D.Barua, C.Choudhary

RANJAN GOGOI, J.—

This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is directed against an ex parte order of mandatory injunction dated 8.10.2002 passed by the learned District Judge, Sonitpur, Tezpur in Misc (Arb) Case No. 178/2002. By the aforementioned order dated 8.10.2002, the appellant, who was impleaded as the defendant No.l in the proceedings before the learned Court below, has been directed to re-activate/re­connect the Star Plus, Star World, Star Movie and National Geography Channels to the principal respondent until the disputes between the parties are resolved through amicable negotiation or arbitration as per Clause 23 of the Contract Agreement executed by and between the parties.

2. The brief facts may be noticed as hereunder :-

The principal respondent in the present appeal filed an application dated 5.10.2002 in the Court of the learned District Judge, Sonitpur under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') stating, inter alia, that the appellant, (the defendant No.l) was engaged in the business of providing T.V. Channel services to customers including the Cable Operators. The proforma respo














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