(1.) By this order, I propose to decide two interlocutory applications, I.A. No. 999 of 2005 and I.A. No. 1313 of 2005. Both these applications were very hotly contested, in fact much more than I had imagined when the hearing started. The applications were heard on 8th, 13th to 15th, 21st, 26th and 27th July, 2nd and 4th August when judgment was reserved.
(2.) It was agreed with learned counsel for the parties that it might be appropriate to first decide I.A. No. 1313 of 2005 and then I.A. No. 999 of 2005 may be decided, if need be. I propose to proceed as agreed. I.A. No. 1313 of 2005
(3.) Section 10 CPC reads as under:- Explanation.The pendency of a suit in a foreign court does not preclude the Courts in India from trying a suit founded on the same cause of action.