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2023 Supreme(Bom) 626

MILIND N. JADHAV
Cheerful Trade and Realty Developers Pvt Ltd. , (earlier known as Prawas Leasing and Finance Pvt. Ltd. ) – Appellant
Versus
DBS Bank India Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajneesh Agarwal i/by Mr. Girish Thanvi
For the Respondent: Mr. Shyam Kapadia a/w Mr. Rupak Sawangikar i/by M/s. V. Deshpande, Mr. Neerav Merchant a/w Mr. Nadeem Shama and Mr. Hubab Sayyed i/by Thakordas & Madgavkar

JUDGMENT :

1. The present order shall dispose of Interim Application (L) No. 21398 of 2021 along with Interim Application (L) No. 13622 of 2022 filed by the Plaintiffs. Parties shall be referred to as ‘Plaintiffs’ and ‘Defendants’ for the sake of convenience.

2. On 26.10.2021, this Court passed the following ad-interim order in Interim Application (L) No. 21398 of 2021:-

    “1. Heard. The Defendants are absent though served. The IA seeks an injunction against the 1st Defendant from selling, alienating, transferring or disposing of shares pledged with the 1st Defendant in a demat form.

2. The Plaintiff is admittedly not a borrower from the 1st Defendant. It was asked to provide security by way of a pledge for certain amounts that Defendants Nos. 2 and 3 took from the 1st Defendant. The Plaintiff provided these pledges and I am not concerned with a question of whether or not the Plaintiffs are otherwise connected with Defendants Nos. 2 and 3.

3. The documents annexed to the Plaint from Exhibit “H1” onwards indicate that each of the pledges has what is described as a closure date. These dates are 31st March 2011, 31st March 2012 and 31st March 2013.

4. While it is admittedly curious that even

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