INCOMM TELE LTD Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS Civil Miscellaneous Appeal is directed against the order and decree, dated 16-6-2005, passed by the III Additional Chief Judge, city Civil Court, Hyderabad, dismissing the application I. A. No. 801 of 2005 in O. P. No. 739 of 2005, filed under Order 39 Rule 1 of the Code of Civil Procedure seeking to grant a temporary injunction restraining the respondents from recovering the alleged excess payments in respect of 28500 CDMA (FWT) sets supplied to the respondents by the petitioner-company, in pursuance of the purchase Order No. CE/po/009/2002-2003, dated 9-9-2002, pending the final award by the Arbitral Tribunal, as not maintainable for want of jurisdiction.

(3.) IT is the case of the appellant in the main O. P. , that the appellant is a Company registered under the Companies Act, having its registered office at Hyderabad; that it involved in manufacture and supply of various equipments used by the first respondent (hereinafter referred to as "the BSNL"); the appellant manufactures items strictly in accordance with the specifications as required by the BSNL; that earlier the appellant was named as M/s. "arm" Limited and subsequently transformed into the present Company by name 'incomm Tele Limited