TMI Blog2012 (12) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... a facie case - direct that there shall be an interim order of injunction in terms of prayers of the application for injunction filed in connection with the present appeal - G.A. No.1264 of 2012 A.P.O.T. No. 254 of 2012 A.P.O. NO. of 2012 C.S. No.152 of 2012 - - - Dated:- 18-5-2012 - J.N. PATEL, AND DR. SAMBUDDHA CHAKRABARTI JJ. For the Appellants: Mr. Pratap Chatterje, Senior Advocate Mr. Ranjan Bachawat, Advocate Mr. Jishnu Saha, Advocate For the Respondent no.1: Mr. Sudipto Sarkar, Senior Advocate For the Respondent no.2: Mr. Siddhartha Mitra, Senior Advocate For the Respondent no.3: Mr. S.N. Mookerji, Senior Advocate Mr. Partha Basu, Advocate For the Respondent no.4: Mr. Satyabrata Mookerji, Senior Advocate Ms. Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said arbitration clause in the said agreement. The appellant company was incorporated in the year 1985 by the West Bengal Industrial Development Corporation (for short WBIDC) and the R.P. Goenka group. After the Goenkas had left other companies were inducted and ultimately in June 1994 Dr. Purnendu Chatterjee showed interest in implementing the project. A Memorandum of Understanding was entered into the WBIDC, the Chatterjee Petrochemicals (Mauritius) Company and the Tatas. Initially, it was agreed that the Chatterjee group would control 60% shares of the appellant company. In the year 2002 there were two agreements dated January 12, 2002 and March 8, 2002 respectively. As the dispute between the parties arose the Chatterjee group appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication for injunction is yet to be finally decided by the learned Trial Judge. It will not be proper for us at this stage to express any opinion about the merits of the application for injunction lest it might influence the learned Trial Judge while disposing of the application for injunction on merits. We have gone through the materials placed and have given our anxious consideration to the respective submissions of the learned Advocates and we are of a prima facie view that this is a case where the learned Trial Judge ought to have passed an interim order of injunction pending the final disposal of the application for injunction. As such, this order calls for an interference, at least for a limited period. The learned Trial Judge fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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