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G. S. PATEL, MADHAV J. JAMDAR
World Crest Advisors LLP – Appellant
Versus
Catalyst Trusteeship Limited – Respondent


Advocates Appeared:
Mr Navroz Seervai, Senior and Others. Advocate, with Gulnar Mistry, Shreni Shetty, Krusha Maheshwari, & Swati Chandan, i/b ANB Legal, for the Appellant; Mr JP Sen, Senior Advocate, with Gathi Prakash, Nidhi Asher, Arushi Pddar & Priyanka Desai, i/b Cyril Amarchand Mangalda, Mr Darius Khambata, Senior Advocate, with Mr Venkatesh Dhond, Senior Advocate, and Shyam Kapadia, Indranil Deshmukh, Gathi Prakash, Nidhi Asher, Arushi Pddar & Priyanka Desai, i/b Cyril Amarchand Mangaldas, Mr Aspi Chinoy, Senior Advocate, with Zal Andhyarujina, Senior Advocate, and Rugved More, Maithili Parekh, Tanya Mehta & Vaibhavi Bhalerao Mr Sayeed Mulani, for the Respondent

JUDGMENT

GS Patel J. - The original Plaintiff is in appeal against an order of 17th June 2022 of a learned Single Judge of this Court, AK Menon J, declining, in his discretion, to grant ad-interim relief in the Plaintiff's Interim Application (L) No. 17730 of 2022. The impugned order is a speaking order (notwithstanding that the Plaintiff assails it for insufficiency of reasons). Menon J's exercise of discretion in refusing relief is important in view of the decision of the Supreme Court in Wander Limited And Another v Antox India Private Limited., 1990 (Supp) SCC 727 In paragraph 14, the Supreme Court said:

    ''14. The appeals before the Division Bench were against the exercise of discretion by the Single Judge. In such appeals, the Appellate Court will not interfere with the exercise of discretion of the court of first instance and substitute its own discretion except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perversely or where the court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. An appeal against exercise of discretion is said to be an appeal on principle. Appellate Court will

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