IRIDIUM INDIA TELECOM LIMITED Vs. MOTOROLA INC

JUDGEMENT

(1.) APPEAL Nos. 702 and 703 of 2003 seek to challenge the order of a Single Judge dated 8th August, 2003 rejecting two Notices of motion bearing Nos. 2557 of 2002 and 2793 of 2002, which were taken out by the appellants herein in Suit No. 3092 of 2002, which the appellants have filed against the respondents. The two motions sought orders in the nature of attachment before judgment and injunction for obtaining security for a decree that might be passed in the appellants pending suit. Amongst others, the suit claims are (1) US $ 12,04,90,000 with further interest at the rate of 5% per annum on US $ 9,03,30,000 and (2) a sum of Rs. 3,77,21,54,857 with interest at the rate of 12% per annum on the principal amount of Rs. 48,11,00,000.

(2.) THIS motion taken out by respondent No. 1 herein seeks through prayer (a) to produce and rely upon the documents listed in the schedule annexed to the motion. Prayer (b) seeks that Mr. Ravi Parthasarthy, Managing Director of ilfs, who has verified the plaint and who has filed an affidavit on 4th August, 2003, be ordered to attend cross-examination. Mr. Kapadia and Mr. Dhond appearing for the appellants object to both these prayers being granted.

(3.) NOW as can be seen from paragraph 33 of the order passed by the learned Single Judge, it was at the last moment at the close of the arguments before him that the respondents herein produced two letters before the learned single Judge, which were enclosed as Exhibits 1 and 2 to an affidavit dated 25th July, 2003, and the learned Judge allowed them in the interest of justice. As seen from paragraph 33 of the impugned order, the two letters have gone in a great way to decide the matter in favour of the respondents.