GAGAN RASTOGI Vs. RP EXPLORER MASTER FUND

JUDGEMENT

(1.) I.A.No.16399/2014 (u/O 39 R 1 & 2) in CS(OS) No.2596/2014.

(2.) GAGAN Rastogi (hereinafter referred to 'plaintiff') has instituted the instant suit for injunction to restrain defendant No.1 from prosecuting and/or continuing/proceeding with Claim No.2013 Folio 1656 filed in the High Court of Justice, Queen's Bench Division, Commercial Court, England qua him.

(3.) FURTHER case of the plaintiff is that the dispute sought to be raised by defendant No.1 in English Court relates to alleged fraud and conspiracy by around 9 persons/entities including the plaintiff. It is alleged that said nine defendants induced defendant No.1 to invest approximately US$ 77 million by way of allegedly worthless Global Depository Receipts (GDRs) issued by Cals for the purpose of raising capital to establish an oil Refinery in Haldia, West Bengal, India. It is alleged that no refinery was actually established and the entire money invested by defendant No.1 was siphoned away/ misappropriated by the defendants and /or entities owned and controlled by them.