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2010 Supreme(Mad) 4563

ELIPE DHARMA RAO, K.K.SASIDHARAN
Robust Hotels [P] – Appellant
Versus
E. I. H. Limited – Respondent


Advocates Appeared:
For the Petitioners:A.L. Somayaji, Senior Counsel for K. Manishankar, Advocate.
For the Respondents: R1 - Siddhartha Mitra, Senior Counsel, for Karthick Seshadri, R3 & R4 – Served.

Judgment :-

K.K.SASIDHARAN, J.

1. This Letters Patent appeal is directed against the fair and decreetal order dated 23 March 2010 in A.No.6722/2009 in C.S.No.257/2005 whereby and whereunder, the appellants were impleaded as parties to the civil suit at the instance of respondents 1 and 2.

2. Thesuit in C.S.No.257/2005 was instituted by respondents 1 and 2 against respondents 3 to 9 praying for a decree of declaration and injunction with respect to Technical Services and Project Consultancy and Royalty Agreements executed between respondents 1 and 2 on the one hand and the third respondent on the other.

3. Respondents 1 and 2, as plaintiffs, in their plaint, contended that they have entered into an agreement with the third respondent which was in the nature of a Project Consultancy Agreement and another agreement known as 'Royalty agreement'. Those agreements were executed on 26 October 1988. As per the said agreement, the first respondent agreed to provide its technical knowledge, skill and professional services required for operating a Hotel at Mount Road, Madras, to be constructed by the third respondent. There was a provision in the said agreement whereby and whereunder, the thir

















































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