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2023 Supreme(Bom) 1274

R. I. CHAGLA
World Crest Advisors LLP – Appellant
Versus
Catalyst Trusteeship Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Navroz Seervai, Gulnar Mistry, Manish Desai, Subit Chakrabarti, Shreni Shetty, Khushnumah Banerjee, Antara Kalambi.
For the Respondents: Indranil Deshmukh, Gathi Prakash, Nidhi Asher, Arushi Poddar, Cyril Amarchand Mangaldas, Darius Khambata, Shyam Kapadia, Ammar Faizullabhoy, Indranil Deshmukh, Gathi Prakash, Nidhi Asher, Arushi Poddar, Zal Andhyarujina, Maithili Parikh, Tanya Mehta, Vaibhavi Bhalerao, Sayeed Mulani, Shobhana Waghmare.

JUDGMENT :

R.I. CHAGLA, J.

1. By this Interim Application, the Applicant/Plaintiff has sought an injunction restraining Defendant No. 2-Yes Bank Limited (for short ‘Yes Bank’) and Defendant No. 10-J.C. Flowers Asset Reconstruction Private Limited (for short “JCF”) from exercising rights including voting rights in respect of the suit shares. Further injunction is sought restraining the Yes Bank Limited and JCF from transferring, alienating, creating any third party rights in respect of the suit shares. Consequential relief is sought by way of injunction restraining the Defendant/Respondent Nos. 1 and 2 and the Defendant/Respondent No. 10 - JCF from interfering and/or seeking to participate in the management and affairs of the Defendant/Respondent No. 3 by claiming rights under the suit shares.

2. The Plaintiff is a holder of 9,52,100/- (0.05%) shares of Defendant No. 3-Dish TV India Limited (“Dish TV”) and Pledgor of 44,00,54,852 shares of Dish TV. The Plaintiff is admittedly a part of the Promoter Group of Dish TV i.e. Jawahar Lal Goel Group.

3. Defendant No. 1-Catalyst Trusteeship Limited (for short “Catalyst”) is a Pledgee and security trustee for the beneficial interest of Yes Bank

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