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2024 Supreme(Mad) 1020

R. SUBRAMANIAN, R. SAKTHIVEL
Bell Finvest India Ltd. – Appellant
Versus
Vivriti Capital Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Ajay Francis Inigo Loyola
For the Respondent: Ms.Abitha Banu

JUDGMENT :

R.SUBRAMANIAN, J.

PRAYER: Original Side Appeals (CAD) filed under Section 13 of the Commercial Courts Act, 2015 and Order XXXVI Rule 9 of the Original Side Rules,

    (i) to set aside the order and decretal order dated 27.01.2022 and made in C.S.(Commercial Suit) No.556 of 2019 in the Ordinary Original Civil Jurisdiction (Commercial Division) of this Court in Application No.2277 of 2021 and costs imposed and allow the above Original Side Appeal (Commercial Appellate Division).

(ii) to set aside the order and decretal order dated 27.01.2022 and made in Application No.2278 of 2021 in C.S.(Commercial Suit) No.650 of 2019 in the Ordinary Original Civil Jurisdiction (Commercial Division) of this Court in Application No.2278 of 2021 and costs imposed and allow the above Original Side Appeal (Commercial Appellate Division).

The appellants in these two appeals canvass the correctness of the orders of this Court passed in Application Nos.2277 & 2278 of 2021 which were Applications filed under Order XVIII-A of the Code of Civil Procedure as amended by the Commercial Courts Act, 2015.

2. The brief background facts that are necessary for disposal of these Appeals are as follows:

Both the

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