ALSTOM T AND D INDIA LTD. Vs. SCHNEIDER ELECTRIC INFRASTRUCTURE LTD.

JUDGEMENT

(1.) THE plaintiff has filed the above mentioned suit, inter alia, praying for declaration, decree of recovery of Rs. 3,87,18,000/ - along with interest and costs, and also a decree of permanent injunction against the defendant.

(2.) ALONG with the plaint the plaintiff has filed an application being I.A. No. 7292/2014 under Order XXXIX Rule 1 and 2 CPC read with Section 151 of the Code of Civil Procedure, 1908 praying, inter alia, for restraining the defendant from making any claim regarding the capability of manufacturing and servicing the products and systems including the SAS System which are operating on voltage above 52 KV, for the period prior to coming into effect of the scheme of demerger, i.e. the 'appointed date' (1st April, 2011) and also to restrain from using any property of the plaintiff/erstwhile Areva T & D Ltd. in respect of "Remaining Business", as per the scheme of Demerger, particularly the Performance Certificates in respect of the work done by Areva T & D India Ltd. with respect to the "Remaining Business". Brief facts of the case as per plaint are that: a) the plaintiff is a part of the ALSTOM group of companies, which is engaged in manufacturing of power transmission instruments business globally and the defendant is a part of the Schneider group of companies and is engaged in the electricity distribution business.

(3.) IN a nut -shell the case of the defendant is that :