( 1 ) APPEAL from order No. 130 of 2002 is at the instance of the original plaintiff in Civil Suit No. 4068 of 2001, which has been filed against the order dated 23rd January 2002 passed by the City Civil Court below Application Exhibit 5 (Notice of Motion) in the Civil Suit No. 4068 of 2001.

( 2 ) APPEAL from Order No. 281 of 2002 has been filed against the order dated 23rd January 2002 passed by the City Civil Court below Application Exhibit 5 (Notice of Motion) in Civil Suit No. 4068 of 2001. This appeal is at the instance of original defendant no. 1 in the aforesaid suit.

( 3 ) SINCE in both the appeals the challenge is against the very same order, both the appeals are heard together and disposed of by this common judgement.

( 4 ) M/s Adani Exports Limited (hereinafter referred to as AEL or plaintiff) had filed Civil Suit No. 4068 of 2001 before the City Civil Court, Ahmedabad against Marketing Services Incorporated (hereinafter referred to as MSI or defendant no. 1), Abu Dhabi Commercial Bank Ltd. (hereinafter referred to as the Bank or defendant no. 2) and Falcon Express Lines Incorporated (hereinafter referred to as FELI or defendant no. 3) praying for decla