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2012 Supreme(Bom) 235

ANOOP V.MOHTA, D.K.DESHMUKH
Swan Mills Ltd. – Appellant
Versus
Dhirajlal @ Dhirubhai Babaria – Respondent


Advocate Appeared:
For the Appellants:Virag Tulzapurkar, Sr. Advocate with Zubin Bheramkamdin, Vivek Vashi, Ms. Shouger Merchant i/b. M/s. Bharucha Partners, Advocates.
For the Respondents:R1 & R2, Pravin Samdani, Sr. Advocate with Sunil Purohit, Swati Deshpande, Prakash Shinde i/b. M/s. MOP & Partners, Advocates.

Judgment :

1. The appeals are directed against the same order passed by the learned Single Judge. Appeal no.546/11 is filed by original defendant no.2 in Suit no.536/11 and Appeal no.547/11 is filed by defendant no.1 in the same suit, and therefore, both the appeals can be conveniently disposed of by common order.

2. Both these appeals are directed against order dated 14.6.2011 passed by the learned Single Judge of this Court in Notice of motion no.726 of 2011 which was taken out in Suit no.536 of 2011 by the plaintiffs. By that order, the learned Single Judge of this Court has granted that notice of motion in terms of prayer clause (a). Prayer clause (a) of that notice of motion reads as under:-

"(a) That pending the hearing and final disposal of this suit, Defendants be restrained by an order and injunction of this Hon'ble Court from selling and/or alienating and/or encumbering and/or creating Third Party rights of any nature whatsoever in respect of the immovable and movable assets/properties of the Defendants where ever be located in India and overseas and also more particularly described in the List Exhibit "I" to the Plaint."

3. The facts which are material and relevant for de


































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