K. RAMAMOORTHY - (1.) The plaintiff has filed the suit claiming the following reliefs :- "a for the following declarations of this Hon'ble Court: (i) that the Amendment dated 3.6.1995 to the JVA dated 5.5.1995 is illegals' ineffective in law, and void ab-initio (ii)that the plaintiffs, not being, a party to the JVA dated 5:5.1995, are not bound by the terms thereof, including the arbitral agreement contained in Clause 12 there of (iii) That the 5th defendant had no power or authority in fact or in law to make the plaintiffs a party to the JVA, as illegally, deceitfully and unauthorisedly sought to be done by the 5th Defendant on 3.6.1995 acting in concert with Defendants 1 to 3; (iv) that Defendant Nos. 1 to 3 are not entitled in law to initiate arbitration proceedings against the plaintiffs or processed with the same before the I or at all. b For an order and decree of this Hon'ble Court against the Defendants 1 to 3, ordering and directing Defendants 1 to 3, by themselves, their servants and agents to forthwith deliver up to this Hon'ble Court the amendment agreement dated 3.6.95. Annex. T hereto) so that the same may be cancelled by this Hon'ble Court. c for a permanent order and injunction of this Hon'ble Court against Defendant Nos. 1 to 3 restraining these Defendants by themselves, their servants and agents from proceeding with the said Arbitration against the Plaintiffs before the I or at all; d that pending the hearing and final disposal of this suit: e This Hon'ble Court be pleased to pass an order and injunction against Defendant Nos. 1 to 3 restraining these Defendant Nos. 1 to 3 restraining these Defendants by themselves, their servants and agents from proceeding with the said Arbitration against the Plaintiffs before the I or at all; (f for ad-interim reliefs in terms of prayer".
(2.) The plaintiff has filed 1.A. 9163/95 for injunction claiming the following relief :- "a that pending the hearing and final disposal of the suit this Hon'ble Court be pleased to pass an order and injunction against Defendant Nos. 1 to 3 restraining Defendants 1 to 3 by themselves, their servants and agents from proceeding with the said arbitration against the Plaintiffs before the I or at all b for ex parte ad interim reliefs in termns of prayer (a) above."
(3.) . The defendants 1 to 3 filed C.M. 2972/96 for stay of the suit under Section 3 of the Foreign Awards (Recognition & Enforcement) Act, 1961;