WOOSTER PRODUCTS INC Vs. MAGNA TEK INC

JUDGEMENT

(1.) The following facts give rise to this order. M/s. Wooster Products Inc., Wooster, Chio (hereinafter referred to as "the petitioner") filed this O.M.P. No. 143 of 1987 under Order XXVI Rules 18, 20 and 21 read with Section 151 Civil Procedure Code . in which it was submitted that on or about 1st May. 1984 the petitioner entered into a contract with M/s, Magna Tek Components Inc. New Jersey (hereinafter referred to as ''the respondents" for the purchase of Technology, equipment, machinery and related training and materials necessary for the production, sale and marketing of 1/2 inch Video Tape in the Sub-continent of India; that under the said contract, the petitioner was granted the exclusive right to the use of Magna Tek Components Inc. Technology expertise for the sub-continent of India including India, Pakistan, Bangladesh and Sri Lanka; that perusant to the said contract, the petitioner has duly discharged its obligation and has paid to the extent of s. 630,000; that the petitioner has also incurred heavy expenses being the preliminary expenses for the setting up of the project in India to the extent of s. 370.000; that the petitioner has also been granted a Letter of Intent by the Government of India for setting up an Industry to manufacture 1/2 inch Video Tapes; that sometime in the year, 1986 the representative of the petitioner was surprised to note that the respondent in violation of the terms of the contract with the petitioner had clandestinely sold its technology to another company in India by the name M/s. Garwar Plastics & Polyester Limited (hereinafter referred to as "the intervener") for setting up a similar plant in India; that being aggrieved by the action of the respondent and its agents, the petitioner preferred a petition before the Court of Common Pleas of Wayne County, Ohio, inter alia. seeking compensatory damages in the amount of Eleven Million Dollars, compensatory damages in the amount of Eleven Million Dollars and punitive damages in lhe amount of Twenty Two Million Dollars and the petition filed by the petitioner is registered as Case No, 86-CI-397 and is pending in the Court of Common Pleas at Wayne County, Ohio; that during the course of proceedings, the court of Common Pleas of Wayne County, Ohio was pleased to observe that in order to render justice it was necessary to ascertain the full fans perlinent to the dealings of M/s MAGNA IEK INC add MAGNA TEK: COMPONENTS INC. had eithei directly or through its Agents with the intervener and it was necessary to examine witness or witnesses as well as the documents within their custody and control including documents detailed in para 8 of the O.M.P.; that the Court of Common Pleas of Wayne County, Ohio has been pleased to issue Letter of Request being called the Letters Regatory to Court in Foreign Country-witnesses to be examined not named, vide its orders dated 27th October. 1987, inter alia, requesting this court to cause such witness or witnesses to answer under oath the questions propounded to them and to cause the deposition of such witnesses to be reduced to writing and return to the court of Common Pleas of Wayne County, Ohio duly closed and sealed; that various documents referred to in the Letter of Request dated 27th October, 1987 were in the custody/possession or supervision of the Director/Directorate, Department of Electronics, Government of India,, New Delhi and the Secretary/Secretariat for Industrial Approval Special Cases Section, Department of Industrial Development, Government of India, New Delhi; that as such it is necessary to examine these two persons or such other representatives or officers of the respective departments who may be deputed or authorised in this behalf; that as such it was prayed that this court may examine or issue commission for the purpose of Letter of Request.

(2.) After hearing the learned counsel for the petitioner, this court bad allowed the application and appointed a Local Commissioner to execute the Letter of request in accordance with the Code of Civil Procedure and other laws of this country vide orders dated 17th December, 1987. Befoie the said commission could be executed, three I.A.s namely, I.A.Nos. 9757, 9758 and 9^59 of 1987 were filed by the intervener which came up for hearing before Malik Sharief-ud-Din, J. during winter vacations on 22nd December, 1987 who directed that these I As. be listed on 7th January, 1988 and in consequence after getting replies to various applications, arguments on these applications were heard and these I As. are sought to be disposed of by this order.

(3.) 1. A. No. 9757 of 1987 is for vacating the order dated 17th December, 1987 while I.A. No. 9758 of 1987 is under Order I Rule 10 C.P.C. for impleading the intervener as a party to this O.M.P. and I.A. No. 9759 of 1987 is again under Order I Rule 10 Civil Procedure Code . for impleading the Union of India through Secretary, Ministry of Industry and the Secretary, Department of Electronics as parties to this O.M.P. All these applications are opposed on behalf of the petitioner. I have heard the learned counsel for the parties and have gone through the file and after giving my considered thought to the matter before me I have come to the following findings :