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2022 Supreme(Del) 403

AMIT BANSAL
Utpala Mukherjee – Appellant
Versus
Aeromarine logistics pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Ms. Maninder Acharya, Senior Advocate with Ms. Padna Priya, Mr. Sidhartha Bawa, Mr. Viplav & Mr. Daanish Abbasi, Advocates.
For the Respondent:Mr. Sanjeev Singh, Ms. Ridhi Pahuja & Mr. Dhruv Chawla, Advocates

JUDGMENT :

Amit Bansal, J.

I.A. 1560/2022 (u/O.XXXIX R. 1 & 2 of CPC)

1. By the present order, I propose to dispose of the application filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (CPC), seeking grant of interim injunction.

2. Summons in the suit and notice in the present application was issued on 28th January, 2022 and a note was made of the submission on behalf of the plaintiff, that the plaintiff has also filed an application under section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI act), before the Debt Recovery Tribunal (DRT), which was coming up for hearing on the same date at 2.00 P.M.

3. In the order dated 2nd February, 2022, it was noted that the DRT vide order dated 28th January, 2022, has restrained the defendant No. 5 Bank from taking possession of the plaintiff’s property and posted the matter for 9th February, 2022. On 11th February, 2022, it was noted that the plaintiff shall make a deposit of Rs.20,00,000/- before this Court and the defendant No. 5 Bank was restrained from taking possession of the plaintiff’s property. Later the written statemen

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