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2014 Supreme(Ori) 157

S.PANDA
Shoppers Stop Ltd. – Appellant
Versus
Lalchand Builders Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared
For Petitioner: M/s. Rajat Kumar Rath, Satyajit Mohanty, D.P Sahu and S.Das
For Opp. Party : M/s Pratap Ch. Mohapatra, R.C.Pattnaik and B.D.Sahu

Judgment

S.Panda, J.

As both the Civil Miscellaneous Petitions involve common questions, parties are same and the dispute arises out of a suit, the matters are taken up for hearing together and are disposed of by this common judgment.

2. C.M.P No.384 of 2014 has been filed by the petitioner-Company challenging the judgment dated 05.12.2013 passed by the learned District Judge, Bhubaneswar in F.A.O No.134 of 2013 dismissing the appeal thereby confirming the order dated 28.09.2013 passed by the learned Civil Judge (Senior Division), Bhubaneswar in I.A No.686 of 2013 arising out of C.S No.1361 of 2013 rejecting the application filed by the petitioner-Company under Order 39, Rules 1 and 2 read with Section 151 of C.P.C. for an interim order of injunction restraining the opposite party-Company from acting upon the undated termination letter received on 07.8.2013 and for a direction to the opposite party-Company to act in accordance with the terms and conditions of the Memorandum of Agreed Terms dated 17.5.2013 in true letter and spirit and further to restrain the opposite party-Company for entering into any contract / agreement / Memorandum of Agreed Terms / Lease Agreement or any other





























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