MESSER HOLDINGS LIMITED Vs. SHYAM MADANMOHAN RUIA

JUDGEMENT

(1.) Considering the multiple proceedings resorted to by the parties to the two suits, for the sake of convenience, we would refer to them as per the description of the parties given in the suits.

(2.) This common Judgment will dispose off all the above proceedings between the parties, before us, except Notice of Motion Nos. 2511/2008 and 2512/2008. The above four Appeals have been filed against the common Judgment and order passed by the Learned Single Judge of this Court dated 26th March, 2003 and clarified on 2nd May, 2003 while disposing of all the Notice of Motions in the two suits. The Appeals, however, take exception to the order passed in Notice of Motion Nos. 3230/2000, 392/2001, 534/2002 and 1231 of 2002.

(3.) Appeal No. 840/2003 is filed by the defendant no.3 against the order in Notice of Motion No. 3230/2000 in Suit no. 2499/99. The Appeal No. 841/2003 is also filed by the defendant no. 3, but against the order in Notice of Motion No. 392/2001 in Suit No. 509/2001. Appeal No. 855/2003 is filed by defendant no.4 against the decision in Notice of Motion No. 534/2002 in Suit No. 509/2001. Appeal No. 857/2003 is filed by defendant no.3 against the decision in Notice of Motion No. 1231/2002 in Suit No. 2499/99. We would for the sake of convenience reproduce the reliefs claimed in the said four Notice of Motions, which is the subject matter of controversy before us in the four appeals. The same reads thus: