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Bombay High CourtAO/551/2022disposed off

Perfect Infrangineers Limited Thr. By Promoter And Guarantor Mr. Nimesh Mehta And Another v. The Board Of Directors Of The Icici Bank Thr. Its Chairman And Managing Director And Others

2022-09-14Hon'Ble Shri Justice M. S. Karnik2 pages

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2022.09.14 14:33:03 +0530 17-ao 551-22 PRAJAKTA SAGAR VARTAK PSV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 551 OF 2022 IN UNNUMBERED NOTICE OF MOTION NO.---- OF 2022 Perfect Infraengineers Limited by Promoter and Guarantor & Anr.

..Appellants Vs.

The Board of Directors of the ICICI Bank through its Chairman and Managing Director & Ors.

...Respondents

----- Mr. Mathews Nedumpara with Ms. Hemali Kurne and Ms. Ekta for Appellants.

Mr. Anshul Anjarlekar i/b. Raval Shah & Company for Respondent Nos.1 to 4.

----- CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 14, 2022.

P.C.:

1.

Heard learned counsel for the appellants.

2.

After arguing the matter for some time, learned counsel for the respondents brought to my notice an order dated 25 August, 2022 passed by the trial Court rejecting the ad-interim injunction which was prayed for by the appellants. This order was passed during the pendency of the present appeal from order. This appeal from order was filed to challenge the order dated 14 March, 2022. As the order dated 25 August, 2022 refusing to grant ad-interim reliefs in favour of the appellants is passed during the pendency of the present appeal from

17-ao 551-22 order, Mr. Nedumpara, learned counsel for the appellants submits that he may be granted liberty to challenge the order dated 25 August, 2022 by filing appropriate proceedings. Liberty is kept open to challenge the order dated 25 August, 2022. Mr. Nedumpara further submits that the draft notice of motion, the subject matter of the ad-interim order dated 25 August, 2022 which is pending before the trial Court, may be expedited.

3.

Considering the peculiar facts of the present case, the trial Court is requested to decide the said notice of motion expeditiously and preferably within a period of eight weeks from today. With these observations, appeal from order is disposed of. It is open for the appellants to apply for appropriate ad-interim reliefs/interim reliefs in view of the subsequent events.

[M.S. KARNIK, J.]