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2023 Supreme(Cal) 519

HARISH TANDON, PRASENJIT BISWAS
India Power Corporation Ltd. – Appellant
Versus
SBICAP Trustee Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Deepak Khosla, Adv., Ms. Anjana Banerjee, Adv., Mr. Rohan S. Nandy, Adv.
For the Respondent: Mr. Sourajit Dasgupta, Adv., Mr. Soumya Nag, Adv., Mr. Jishnu Saha, Adv., Mr. Debnath Ghosh, Adv., Mr. Shwetank Ginodia, Adv., Mr. Bhavesh Garodia, Adv., Mrs. Ratnadipa Sarkar

JUDGMENT :

Harish Tandon, J.

1. The present appeal arises from an order dated 9.9.2022 passed by learned Judge, Commercial Court at Alipore in Money Suit no. 1 of 2022 whereby and whereunder an application for injunction is rejected on contest. By an impugned order the Commercial Court also vacated the ex parte ad interim order of injunction passed on 24th January, 2022 by which the contesting Respondent nos. 3-20 were restrained from initiating proceeding or continuing proceeding for recovery of debt against the appellant on the basis of a deed of guarantee executed on 23rd September, 2016. The said ex-parte ad interim order of injunction was directed to operate till 29th January, 2022 and on the said returnable date an application was taken out by the appellant for correction of a typographical error with further related reliefs which were eventually allowed and the challenge was made to the Commercial Appellate Division in FMAT 142 of 2022. The Appellate Court reversed the order by which the ex-parte ad interim order of injunction was sought to be extended beyond its initial peripheral with categorical finding that taking aid of Section 152 of the Code, the Court cannot vary, modi

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