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1997 Supreme(Bom) 140

R.M.LODHA
Kotak Mahindra Finance Ltd. . – Appellant
Versus
Deve Paints Ltd. – Respondent


JUDGMENT - R.M. LODHA, J. :---The controversy involved in this group of four appeals is identical between the same parties and, therefore, all these appeals have been taken up together and are disposed of by common order. The Appeals No. 85/97 and 86/97 have been preferred by original defendant M/s. Kotak Mahendra Finance Limited. While appeal No. 87/97 and 88/97 have been filed by original plaintiffs M/s. Deve Paints Limited.

2.M/s. Deve Paints Limited, formerly known as M/s. Garware Paints Limited (for short, lessee company) filed two suits before the City Civil Court at Mumbai against M/s. Kotak Mahendra Finance Limited (for short, 'finance company'). The facts averred by the lessee company in both the suits are identical. In Suit No. 3113/96 the relief claimed by lessee company relates to vehicles bearing No. MH-01/A-6835, MH-01/A-9297, MH-01/6750, and MH-01/B-7414 and it is prayed by the lessee company that the finance company be restrained by way of an order and injunction from in any manner taking the possession of the aforesaid vehicles, while, in Suit No. 3646/96 the prayer made by the lessee company relates to vehicle No. MH-01/B-1602 and it is prayed by the lessee compa

















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