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2021 Supreme(Kar) 102

ABHAY S. OKA, SACHIN SHANKAR MAGADUM
Bank of Baroda – Appellant
Versus
Bavaguthu Raghuram Shetty – Respondent


Advocate Appeared:
For the Appellant :Shri Udaya Holla, for Shri. Dharmendra Chatur and Shri. Rahul Prasad, Advocates
For the Respondent:Shri Shashikiran Shetty, Senior Advocate for Shri Sandeep Lahiri, Advocate)

JUDGMENT :

FACTS:

By Commercial Appeal No.26 of 2020 preferred under the provisions of Section 13 (1A) of the Commercial Courts Act, 2015 read with Rule 1 (r) of Order XLIII of the Code of Civil Procedure, 1908 (for short ‘the said Code’), the appellant therein who is the original plaintiff has taken an exception to the judgment and order dated 28th August 2020 passed by the learned Judge of the Commercial Court at Bengaluru. By the said judgment and order, I.A.Nos.I and II filed by the plaintiff Bank in Commercial Suit being Commercial Original Suit No.1 of 2020 have been partly allowed. The appeal takes an exception to that part of the impugned judgment and order by which a part of the relief claimed on I.A.Nos.I and II was rejected. Commercial Appeal Nos.27 and 28 of 2020 have been preferred by the appellants therein who are the original defendants for challenging the same judgment and order. For the sake of convenience, the parties are hereafter referred by their status before the Trial Court, that is to say, plaintiff and defendants

2. The first defendant is a businessman who is stated to have multiple businesses spread over the world including India, United Arab Emirates, United

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