PAUL REINHURT LIMITED Vs. PRIME TEXTILES SPINNING MILLS LTD.
SUPREME COURT OF BANGLADESH
Paul Reinhurt Limited
Prime Textiles Spinning Mills Ltd.
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MD.ABDUR RASHID J. -
(1.) This order will dispose of the above three Rules.
(2.) The Rules were obtained by defendant Nos. 1 and 2 upon making three revision applications under section 115 of the Code of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
(3.) Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff and defendant No. 1 and also on the basis of illegal, malafide and void Award obtained by the defendant No. 1 from the defendant No. 1.
b. declaration that the plaintiff never entered into any agreement in relation to contracts No. 7209 dated 25-8-9 1, Nos. 7228 and 7229 both dated 26-8- 91 and 7311 dated 17-9-91 with the defendant No. 1 and/or its agent defendant No. 2 nor there was any written agreement with defendant No. 1 or its agent defendant No. 2 to refer any dispute to the defendant No. 3 for arbitration
c. declaration that there was no written agreement between the plaintiff and the defendant No. 1 and/or No. 2 giving any jurisdiction to the defendant No. 3 to arbitrate the alleged dispute.
d. permanent injunction restraining the defendant No. 3 from black listing and or otherwise taking any punitive action against the plaintiff relating to and/or in connection with the Award dated 22-10-92 given by them and/or relating to the alleged contracts on the basis of which the Award was given.
e. declaration that ex parte Award dated 22-10-92 given by the defendant No. 3 in favour of the defendant No. 1 is ex facie illegal, without jurisdiction, void and malafide and has no legal basis nor the same can be executed against the plaintiff. (underlined by us)
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