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G. S. PATEL, GAURI GODSE
Future Corporate Resources Pvt. Ltd. – Appellant
Versus
Edelweiss Special Opportunities Fund – Respondent
JUDGMENT
GS Patel, J. - On 12th September 2022, a learned Single Judge of this Court passed an ad-interim order on two Interim Applications in two separate but interconnected Commercial Suits. The order is undoubtedly an ad-interim one. It says so explicitly and directs the Interim Applications to be placed for final disposal as per their turn.The Defendants in the Suit are in appeal against that ad-interim order.
2. Commercial Suit No. 164 of 2022 is filed by Edelweiss Special Opportunities Fund ('Edelweiss') and by one Edel Land Limited, previously known as Ecap Equities Limited ('Ecap') against Future Corporate Resources Private Limited ('FCRPL'). These two Plaintiffs filed Interim Application (L) No. 18775 of 2022. This is the Edelweiss Suit and the Edelweiss Interim Application. Commercial Suit No. 207 of 2022 is filed by IDBI Trusteeship Services Limited ('IDBI') against Ojas Tradelease & Mall Management Private Limited ('Ojas'). The 2nd Defendant is the Central Bank of India, with which we are not concerned. In this, IDBI filed Interim Application (L) No. 18696 of 2022. Th
An ad-interim order should be proportionate to the cause made out and should not be granted if there is an unexplained delay on the part of the Plaintiffs or if there is a crucial discord and impreci....
Judicial discipline requires promptness in delivering judgments; mere delay does not suffice to set aside an order unless it causes demonstrable prejudice.
A plaintiff alleging fraud must establish a prima facie case, balance of convenience, and potential irreparable harm to obtain an ad-interim injunction under the Code of Civil Procedure.
Point of Law : Granting of injunction in case of a money decree - Unless a very strong prima facie case is made out with respect to defendant intending to defraud the plaintiff, no injunction can be ....
In a suit for specific performance, the grant of a temporary injunction is discretionary and depends on the establishment of a strong prima facie case, the balance of convenience, and the conduct of ....
An interlocutory injunction is refused where the alleged harm is purely financial and compensable by damages, the applicant fails to provide a meaningful undertaking as to damages, there is no seriou....
A temporary injunction requires a prima facie case, balance of convenience, and irreparable loss; failure on any component leads to dismissal.
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