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2020 Supreme(Bom) 1277

G.S.KULKARNI
ICICI Bank Ltd. – Appellant
Versus
UD Trading Group Holding Pte. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mustafa Doctor and Vividh Tandon i/b Trilegal
For the Respondent:Ravi Kadam, Senior Advocate, Sharan Jagtiani, Gautam Ankad, Karan Bhosale, Sanjay Thakar, Priyanka Dubey and Megha Gupta

G.S. Kulkarni, J.

1. Heard Mr. Doctor, learned senior counsel for the applicant/appellant and Mr. Ravi Kadam, learned senior counsel along with Mr. Sharan Jagtiani, learned senior counsel and Mr. Gautam Ankhad, for respondent no. 1/plaintiff.

2. This appeal under Order 43 Rule 1 of the Code of Civil Procedure is filed by the applicant/original defendant No. 1, being aggrieved by an order dated 8 June 2020 passed by the learned Judge, City Civil Court at Mumbai in Suit No. Commercial Suit (Stamp) 3765 of 2020. By the impugned order, Notice of Motion No. 1224 of 2020 filed by respondent no. 1/plaintiff for interim reliefs in the suit has been allowed in the following terms:

    "1. The Notice of Motion Notice No. 1224/2020 is hereby allowed as per prayer clause (B).

2. The Defendant No. 1-ICICI Bank is hereby temporarily restrained from taking coercive action against the plaintiff on the basis of the corporate guarantee dated 9/10/2015 through its agents, servants, officers, or any person claiming through the defendant no. 1 Bank till final disposal of this suit.

3. Defendant No. 1-Bank may submit written statement in details to expedite the hearing.

4. Costs in cause.

5. Notice of Motion No. 1

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