IRIDIUM INDIA TELECOM LTD Vs. MOTOROLA INC

JUDGEMENT

(1.) THESE two Appeal Nos.702 and 703 of 2003 seek to challenge the common judgment and order of a Single Judge dated 8th August 2003 rejecting two Notices of Motion bearing Nos.2557 of 2002 and 2793 of 2002, both of which were taken out by the Appellant herein (original Plaintiff) in Suit No.3092 of 2002, which they have filed against Motorola Inc. and Iridium LLC, the Respondents herein (original Defendants). 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 Appellant’s favour in the 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 the principal amount of 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.48,11,00,000.00. The Respondents, other than the original Defendants, were joined as additional Respondents. The two motions sought injunctions restraining these additional Respondents from paying over those amounts to the original Defendants. Those motions were rejected by the common impugned order and hence these two appeals have been filed.

(2.) THE points which arise for determination in these two appeals are common and hence both the appeals are heard and are being decided together. The appeals are being contested by Respondent No.1 only although other Respondents are served. At the request of the counsel for both the parties and as recorded on 5th September 2003 by us, the appeal is heard finally at the admission stage.

(3.) RESPONDENT No.1 is a multi-national Corporation whose business interests span the globe. It has almost the status of the leader in the telecom business worldwide. Respondent No.1 is incorporated and registered under the laws of Delaware in the USA. It is the creator and developer of this Iridium System. Respondent No.2 Iridium LLC (hereinafter at times referred to as Defendant No.2) is another special purpose company which is the successor to a company by name Iridium Inc., which was a 100% subsidiary of Defendant No.1. Iridium Inc., was incorporated on 14th July 1991 to provide these Iridium services and merged into Defendant No.2 Iridium LLC on 19th July, 1996.