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TMI Blog2012 (12) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... oushumi Bhattacharya, Advocate For the Respondent no.5: Mr. S.K. Kapoor, Senior Advocate & 6 Mr. Ravi Kapoor, Advocate Mr. A. Gupta, Advocate Mr. S. Ginodia, Advocate Mr. Manoj Tiwari, Advocate JUDGMENT There shall be an order in terms of prayer (a). Aggrieved by an order dated May 4, 2012 passed by learned Trial Judge in G.A. No.1191 of 2012 in C.S. 152 of 2012 the appellant has filed this appeal. By the said order the learned Trial Judge had refused to pass interim relief in favour of the plaintiff-appellant. Along with the appeal they had further taken out an application for injunction restraining respondent no.1 from further pursuing its request for arbitration made to the respondent no.8 on March 21, 2012 or from taking any furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany Law Board under Sections 397/398/399/402/403/406 of the Companies Act for an order directing WBIDC to transfer 155 million shares to them. This was, initially, allowed in the year 2007. Against that a company petition was filed before this Court and by a Judgment and Order, dated September 21, 2007 this Court dismissed the company petition on the basis that the dispute did not constitute affairs of the company within the meaning of Sections 397/398 of the Act Against that the Chatterjee group filed an appeal before the Supreme Court which by judgment and order dated September 30, 2011 was dismissed. The respondent no.1 filed a Request For Arbitration in the ICC in accordance with the arbitration clause. It may be mentioned that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the appellant had been able to make out a prima facie case and we consider that the balance of convenience and inconvenience also lies in favour of granting an interim order of injunction for a limited period. Accordingly, we direct that there shall be an interim order of injunction in terms of prayers (b) and (c) of the application for injunction filed in connection with the present appeal. This interim order of injunction shall continue for a period of eight weeks from date or until further order whichever is earlier so as to enable the learned Trial Judge to dispose of the application for injunction finally. We extend the time for filing affidavits by the parties concerned. Let an affidavit-in-opposition be filed by the defendants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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