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2005 Supreme(Mad) 739

P.SATHASIVAM, S.K.KRISHNAN
GEA Energy System (India) Ltd. – Appellant
Versus
LITOSTROJ E. I. & Others – Respondent


Advocates Appeared: For The Appellant:R. Muthukumarasamy, Sr. Counsel for G. Sundaram. For The Respondents: R1, Arvind P. Datar, Sr. Counsel for Karthikeyan.

Judgment :-

P. Sathasivam, J.

By consent of both the parties, the main appeal itself is taken up for disposal.

2. The above original side appeal has been filed against the order of the learned single Judge dated 11.03.2005 made in O.A.No.931 of 2004 in C.S.No.904 of 2004, in and by which the learned Judge, after finding that the applicant / plaintiff has not made out a case for interim order, dismissed the said application.

3. The plaintiff in C.S.No.904 of 2004 is the applicant. He filed the said suit against the defendant/ first respondent in this appeal for declaration that the termination notice dated 21.07.2004 is null and void and for permanent injunction restraining the defendant from invoking the Arbitration Clause 7.5.4 of the contract agreement dated 26.09.2002 / 15.11.2002 as well as for mandatory injunction for fulfilling the contractual obligation as per the contract agreement dated 26.09.2002 / 15.11.2002. Pending suit, the plaintiff / applicant filed O.A.No.931 of 2004, praying for interim injunction restraining the first respondent from proceeding with the arbitration proceedings as contemplated under Article 7 of the Contract Agreement dated 26.09.2002 / 15.11.2002. T


















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