This

appeal

by

the

plaintiffs

in

Com.O.S.No.460/2023 is directed against the order

dated July 5, 2023 passed on I.A.No.1 by LXXXV

Additional City Civil and Sessions Judge, Bengaluru

(Commercial Court). The suit is one for recovery

of money. By the impugned order, the commercial

court

has

rejected

plaintiffs’

application

for

temporary injunction.

Heard Shri Siddharth Yadav, learned Senior

Advocate for the appellants, Shri Vivek S.Reddy,

learned Senior Advocate for respondent No.1 and

Shri

Shashank

Nagendra,

learned

advocate

for

respondent No.2.

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Parties shall be referred as per their status before

the Commercial Court.

Shri Yadav, for the plaintiffs submitted that

defendants have entered into a registered Joint

Development Agreement whereunder, plaintiffs were to

be allotted 49% share and defendant No.1, 51%.

Plaintiffs and others have collectively invested a sum of

Rs.8.26 Crores with the defendants. Defendants were

delaying the project on one pretext or the other.

In January/March 2021, plaintiffs after holding meetings

with the first defendant’s Chairman, learnt that first

defendant was intending to enter into a new agreement

with a third party. Plaintiffs got