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2020 Supreme(Guj) 448

J.B.PARDIWALA, VIRESHKUMAR B.MAYANI
KKR India Financial Services Limited – Appellant
Versus
Axis Bank Limited – Respondent


Advocate Appeared:
For the Petitioner:Mr. Mihir Joshi, Senior Advocate With Ms Tanaya G Shah With Mr. Vividh Tandon Advocates
For the Respondent:Mr. Aditya C Yagnik, Mr. Mihir Thakore Senior Advocate With Mr. Jayani B Shah, Mr. Deven Parikh Senior Advocate With Mr. Anip A Gandhi, Mr. Saurabh Soparkar Senior Advocate With Mr. Shashvata U Shukla

JUDGMENT :

J.B.PARDIWALA, J.

1. Since the issues raised in both the captioned petitions are the same and the challenge is also to the selfsame order passed by the Commercial Small Causes Court, Ahmedabad, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Special Civil Application No.18466 of 2019 is treated as the lead matter.

3. By this application under Article 227 of the Constitution of India, the applicants (affected third parties) have prayed for the following reliefs:

    “28. a) this Hon’ble Court may be pleased to issue an appropriate order or direction setting aside the Impugned Order dated 13 September 2019 passed by the Small Cause Court, Ahmedabad in Exhibit 9 (interim application) in Suit No.379 of 2019;

(b) this Hon’ble Court may be pleased to issue an appropriate order or direction pending the admission, hearing and final disposal of the present Application, this Hon’ble Court be pleased to stay the operation and implementation of the Impugned Order dated 13 September 2019 passed by the Small Cause Court, Ahmedabad in Exhibit 9 (interim application) in Suit No.379 of 2019 and consequential proceedings,

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