LAFARGE INDIA PVT. LTD Vs. EMAMI REALTY LTD. & ANR
LAWS(CAL)-2016-9-17
HIGH COURT OF CALCUTTA
Decided on September 15,2016

Lafarge India Pvt. Ltd Appellant
VERSUS
Emami Realty Ltd. And Anr Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA, J. - (1.) In a suit for recovery of damages, declaration and injunction filed by the plaintiff/appellant against the defendant/respondent, the plaintiff/appellant prayed for anti -arbitration injunction, which having been rejected by the learned Trial Judge at the ad interim stage, the instant First Miscellaneous Appeal has been filed by the plaintiff/appellant before this Court.
(2.) Let us now consider as to how far the learned Trial Judge was justified in refusing to grant ad interim injunction in favour of the plaintiff/appellant in the suit. Since we are considering the legality and/or propriety of an order of refusal to grant ad interim injunction in favour of the plaintiff/appellant, we will restrict our consideration with reference to the pleading of the plaintiff/appellant made out in its plaint as well as in the injunction application and the annexures made therein.
(3.) In this context we like to refer to the pleading of the plaintiff made out in the plaint as well as in the temporary injunction proceeding. The plaintiff is engaged in the business of manufacture and sale of Ready Mix Concrete (hereinafter referred to as "RMC"). The defendant No.1 is a company engaged in the business of carrying out and executing real estate projects having its registered office within the territorial jurisdiction of the Trial Court. The defendant No. 2 is a company engaged in the business of architectural engineering and construction.;


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