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2014 Supreme(Del) 1991

G.P.MITTAL
Idbi Trusteeship Services Ltd. – Appellant
Versus
Arch Pharmalabs Ltd. – Respondent


Advocate Appeared
For the Petitioners:Rajiv Nayar, Senior Advocate with Murtaza Somjee, Praveen Sehrawat, Priyadarshi Banerjee, Sujoy Chatterjee, Saurabh Seth, Advocates.
For the Respondents:R1, Darpan Wadhwa, Aman Varma, Krithika Raghavan, Advocates. Sandeep Sethi, Senior Advocate with Sugam Seth, Advocate.

JUDGMENT

G.P. Mittal:

1. By virtue of the application being I.A. No. 8777/ 2014 under Order I Rule 10 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC), the applicant ICICI Bank Limited seeks impleadment as a necessary and proper party for proper adjudication of the suit; whereas by virtue of I.A. No. 8779/ 2014 under Order XXXIX Rule 4 CPC r/w Section 151 CPC, the applicant seeks vacation/setting aside of the order dated 23.01.2014 whereby an injunction was granted in favour of the Plaintiff IDBI Trusteeship Services Ltd. and against the Defendants.

2. For the sake of convenience, it will be appropriate to extract para 8 of the order sought to be varied hereunder:-

“8. I am satisfied that the plaintiffs have made out a prima facie good case on merits for grant of ad interim ex parte injunction. The balance of convenience is also in favour of the plaintiff and in case an ad interim ex parte injunction is not granted, the plaintiffs shall suffer an irreparable loss and injury. The defendants no. 1 to 5 and defendants no. 7 to 9 by way of an ad interim ex parte injunction, till the next date of hearing, are hereby restrained

(i) from selling, transferring or otherwise dispos




































































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