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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, BHARATI DANGRE, J
Ashok Investors Trust Ltd. – Appellant
Versus
Cheerful Trade & Realty Developers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appeals against injunction order (Para 1) |
| 2. background of the case (Para 2) |
| 3. interim application for injunction (Para 3 , 4 , 5) |
| 4. delay in passing orders (Para 6) |
| 5. closure date of pledge (Para 7) |
| 6. right to redeem pledge (Para 8) |
| 7. delay cannot be sole ground (Para 9 , 10 , 11) |
| 8. need for promptness (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 9. delay caused prejudice (Para 18 , 19 , 20 , 21 , 22 , 28) |
| 10. order quashed (Para 23 , 24 , 25 , 26 , 27) |
JUDGMENT :
ALOK ARADHE, C.J.
1. In these appeals preferred under Section 13(1-A) of the Commercial Courts Act, 2015 (Act of 2015), the appellants have questioned the validity of order dated 5th June 2023 by which application for injunction filed by Cheerful Trade and Realty Developers Pvt. Ltd. (formerly known as Prawas Leasing & Finance Pvt. Ltd.) (plaintiff No.1) and Aristo Realty Developers Ltd. (plaintiff No.2), has been allowed and the ad- interim order of injunction dated 26th October 2021 has been made absolute. In order to appreciate the appellants’ challenge to the impugned order, relevant facts need mention, which are stated infra.
2. The facts giving rise to filing of these appeals, in nutshell, are that Lakshmi Vilas
Judicial discipline requires promptness in delivering judgments; mere delay does not suffice to set aside an order unless it causes demonstrable prejudice.
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An arbitral tribunal, while adjudicating an application for interim protection under Section 17, does not determine the lis between the parties.
Execution directions enforcing final arbitral award not appealable under Section 13(1A) Commercial Courts Act.
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
The court emphasized the importance of compliance with settlement deeds, the interpretation of contract clauses, and the principles for granting interim injunctions under the Specific Relief Act 1963....
Point of law: Arbitral Award - Law permits a litigant to claim reliefs in alternative and merely because a relief claimed in the alternative has been granted cannot come in the way of impugning the d....
Sale of pledged shares by creditor during CIRP moratorium violates Section 14 despite possession transfer on invocation; ownership remains with debtor. Sold listed shares unrestorable; debt reduces b....
Injunctions cannot be granted to prevent breaches of determinable contracts under the Specific Relief Act, and the trial court must adhere to established principles when considering applications for ....
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