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ASHUTOSH SHASTRI, J. C. DOSHI
Hussain Sheth Ispat – Appellant
Versus
Capital Corp Asia Private Limited – Respondent
JUDGMENT :
J.C. DOSHI, J.
1. Rule returnable forthwith. Learned advocate Mr. Vishwas K. Shah waives service of notice of rule for the respondent No. 2 and learned advocate Mr. Siddharth Sinha waives service of notice of rule for the respondent No. 3. Though served, none appeared for the respondent No. 1.
2. This petition filed under Article 227 of the Constitution of India assails the judgment and order dated 16.3.2023 passed by the learned Commercial Court (“appellate Court” for short) allowing the Commercial Appeal No. 1 of 2023 filed by the DBS Bank Limited-respondent No. 3, whereby the Learned Appellate Court by vacating injunction has quashed and set aside order below Exh.5 dated 7.5.2022 passed by the learned Commercial Court in Commercial Civil Suit No. 10 of 2021.
2.1 The petitioners are the original plaintiffs, whereas the respondents are the original defendants in the Commercial Civil Suit No. 10 of 2021. For the sake of bravity and convenience, they are referred to as their status before the learned Commercial Court.
FACTS:
3. Tersely stated facts leading to filing of this
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