ATCHUT V S VELINGCAR Vs. TIMBLO LIMITED

JUDGEMENT

(1.) Appeal From Order No. 45/94 is a defendant's appeal directed against the Order dated 8th March, 1994, in Special Civil Suit No. 258/92/A. Appeal From Order No. 59/94 is also a defendant's appeal against an order of the same date, namely 8th March, 1994, In Regular Civil Suit No. 161/92/A on the file of the same Court. I have heard arguments of the learned advocates appearing for both the parties in both the appeals. The appellant is common to both the appeals. The respondents in these two appeals are stated to be sister concerns. Many of the arguments addressed before me and many documents and affidavits relied on by both the sides are common to both the proceedings. Hence, I am disposing of both the appeals by this common judgment. The parties are referred to as per their rank and title in the Court below.

(2.) Appeal From Order No. 59/94 arises from the earlier suit and therefore it is first taken up for consideration. The respondent/plaintiff filed a suit against the appellant/defendant seeking a decree for permanent injunction on the basis of an agreement dated 22nd January, 1977. The plaintiff's case is as follows :-

(3.) The appellant's defence in the first suit is as follows :-