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October 19, 2001
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Maharashtra may seek MEA help on DPC's issue

The government of Maharashtra Government may take the help of the ministry of external affairs for presenting its case before the Queen's Court (Commercial) in London against an ex-parte injunction obtained by Enron's Dabhol Power Company, restraining the state from filing a suit in India.

"We may request the MEA to help us to file a reply in London high court as this entire controversy has taken a bilateral colour with one country's court issuing orders which does not to seem to be in the interest of the other's legal system-- Indian courts in this matter," the state government sources said in Bombay on Friday.

"We have received the order by fax from DPC and not the QC. So the state might contest the validity of the ex-parte order itself," sources said, adding currently senior officials and its legal counsel Hariyani and Company were grappling to find a way to reply to the injunction.

One such option being considered is to approach the MEA and file the reply through the Indian foreign office in UK, they said.

On October 10, the US energy major had dealt a legal blow to the state government by obtaining an injunction from the Commercial Court of London, restraining the state from filing a suit in India challenging international arbitration proceedings to be held in UK.

Sources said once the state was able to find a solution, a team of lawyers and a senior state official would go to London to plead the case as it had time till November 3 to respond to the injunction.

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