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2007 Supreme(Mad) 2202

S.ASHOK KUMAR
Sorin Biomedica Cardio S. P. A. – Appellant
Versus
Heart Care India Co. & Another – Respondent


For the Petitioner:A.R. Karunakaran, Advocate. For the Respondents:R1 P. Anbarasan, R2 Geetha Rajasekar, Advocates.

Judgment :-

The above Civil Revision Petition is filed against the fair and decretal order dated 110. 2005 made in I.A.No. 18317 of 2005 by which the order ad interim injunction granted on 6. 2005 in I.A.No:10801 of 2005 in O.S.No:3410 of 2005 was made absolute by the learned VI Assistant Judge, City Civil Court, Chennai.

2. The brief facts of the case are as follows:-

The revision petitioner is a manufacturer of medical products having its registered office at Milan, Italy. The petitioner does not have an office in India. The first respondent approached the petitioner and offered to act as the petitioners Distributor. Thereafter an agreement was executed by the petitioner on 30.9.2004 at Italy and by the first respondent on 111. 2004 at Chennai. Orders were placed by the first respondent on the petitioner at Italy. The first respondent obtained Irrevocable foreign Letters of Credit from the 2nd respondent. Therefore, consignments were sent by the petitioner from Italy to the 1st respondent at Chennai. The 1st respondent was to execute the necessary documents which were to be presented by the petitioners bankers to the 2nd respondent for payment. Thus the 2nd respondent is obliged








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