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2007 Supreme(All) 1401

AMITAVA LALA, V.C.MISRA
GAIL (INDIA) LTD. , NEW DELHI – Appellant
Versus
ADVANCE LAMPS COMPONENTS & TABLEWARES PVT. LTD. , FIROZABAD – Respondent


Advocates:
Counsel :
Madhur Prakash for the Appellant; None for the Respondent.

JUDGMENT

Honble Amitava Lala, J.—This appeal has been preferred by the appellant being aggrieved by the order dated 28th March, 2007 under which an ex-parte interim order of injunction has been granted by the learned District Judge, Firozabad in favour of the respondents herein. Learned Counsel appearing for the appellant further contended that interim order was subsequently directed to be continued. It has further informed that on 18th April, 2007 when the appellant came to know about existence of the order, obtained a certified copy of the same to proceed with the matter. It appears that application for vacating the interim order was also filed in the Court below on 3rd May, 2007. However, this appeal has been preferred on the anxiety of the appellant that if the injunction order continues it will be compelled to continue with the supply of the gas irrespective of the expiry of the period. The application made in the Court below under Section 9 of the Arbitration and Conciliation Act, 1996 at a pre-reference stage. According to us, the Code of Civil Procedure (hereinafter called as C.P.C.) principally applies in case of hearing the matter by the Court particularly at the time of g




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