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2016 Supreme(Bom) 1222

ANOOP V.MOHTA, G.S.KULKARNI
Bharati Defence & Infrastructure Limited – Appellant
Versus
Edelweiss Asset Reconstruction Company Limited – Respondent


Advocates Appeared:
For the Appellants : Mr. Sanjay Jain, Mr. Prathmesh Kamat, Ms. K. Khan, Ms. A. Cutche, K.K. Associate.
For the Respondents:Dr. Birendra Saraf, Sachin Chandarana, Advocates, Pritvish Shetty, M/s. Manilal Kher Ambalal & Co.

JUDGMENT :

ANOOP V. MOHTA, J.

1. Heard finally, by consent of the parties.

2. The Appellants/Original Plaintiffs, in this Commercial Appeal, under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short, Commercial Courts Act) have challenged impugned order dated 3 September 2016, pending the Notice of Motion in Commercial Suit whereby, the Appellants-Plaintiffs prayer for an adinterim injunction/the protective reliefs, has refused by the learned Single Judge (Commercial Division), by giving detailed reasons.

3. Appellant No. 1 is a company in the ship building industry. Appellant Nos. 2 to 4 are the subsidiaries and others are the shareholders of the subsidiaries of Appellant No. 1. Respondent No. 1 has acquired 80% of the outstanding secured debts owed by the Appellant No. 1 from 18 consortium banks and is acting in its capacity as trustees of various trusts. Respondent No. 2 is acting as a security trustee for Consortium Bankers who have at material times lent and advanced loan/credit facilities to Appellant No. 1 for its business activities. Respondent No. 3 is the share transfer agent of the Appellants' shares.






















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