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2013 Supreme(Bom) 2543

ANOOP V.MOHTA
KSL And Industries Limited – Appellant
Versus
Punjab National Bank – Respondent


Advocate Appeared
For the Appellants:Ajit Anekar a/w Yogendra Singh h/f Auris Legal, Advocates.
For the Respondent:Pankaj Vijayan i/b Intra Legal, Advocates.

JUDGMENT

Heard the learned Counsel appearing for the parties for ad-interim anti-suit injunction.

2. The Appellants-Original Plaintiffs have challenged impugned Order dated 25.11.2013 whereby the learned Judge, City Civil Court, Greater Mumbai, refused to grant any ad-interim relief in an anti-suit injunction filed by the Appellants-Plaintiffs in respect of the proceeding instituted by the Respondent-Defendant-Punjab National Bank in High Court of Hong Kong Special Administrative Region Court of First Instance being Action No.1888 of 2013 for recovery of US $11,448,985.28.

3. At this stage, the question is whether Indian Court can pass any anti-suit injunction/order. Pursuant to the writ of summons, the Appellants-Plaintiffs forwarded the acknowledgement within the time prescribed. Now the next steps is to file defence within next 28 days. The last date of filing of decence is on or about 26 December 2013, failing which, the consequenced is foreign decree/judgment to follow. In view of the provisions of Sections 13, 14 and 44A of the Code of Civil Procedure (CPC), such decree/judgment is executable in India as being Hong Kong reciprocating country.

4. After going through the documents




















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