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2024 Supreme(Bom) 588

B. P. DESHPANDE
Ashwin R. Khalap – Appellant
Versus
Cyrus Dinyar Oshidar – Respondent


Advocates appeared:
Nitin Sardessai, Advocate, Kabir Sabnis, Advocate, Tarun Rebello, Advocate, D.Lawande, Advocate, G.Nadkarni, Advocate, Y.V.Nadkarni, Advocate, Neveille Mukerji, Advocate, Simran Khadilkar, Advocate, Nilay Naik, Advocate

JUDGMENT/ORDER

1. Admit.

2. Heard with the consent of the learned Counsel appearing for the parties for the final disposal at the admission stage itself.

3. The Appellants/Plaintiffs are challenging an impugned order dtd. 5/5/2023, passed below exhibit-3 by the learned Trial Court thereby rejecting temporary injunction application.

4. Mr. Nitin Sardessai, learned Senior Counsel appearing for the Appellants would submit that the impugned order needs interference as learned Trial Court failed to consider relevant aspects such as concluded oral contract between the parties, irreparable loss which would be caused to the Plaintiffs, if the injunction is refused and thirdly, the balance of convenience tilting in favour of the Plaintiff. He would submit that rejection of the temporary injunction application is mostly on the aspect of delay in filing the suit, not establishing an oral concluded contract and thirdly, the compensation which could be awarded to the Plaintiff as the transaction is commercial in nature.

5. Mr. Sardessai would submit that there are various and numerous documents placed on record along with WhatsApp messages which prima facie show that there was an oral and conclu

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