Chemicals International (Mumbai) Pvt.Ltd. v. Orbit Corporation Ltd.

nms 6 of 2016 (921).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.6 OF 2016 IN SUIT NO.915 OF 2015 Chemicals International (Mumbai) Pvt. Ltd.

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Plaintiff/Applicant versus Orbit Corporation Ltd.

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Defendant Mr. Cyrus Ardeshir with Ms. Jahnavi Dwarkadas, Mr. Samudia Sarangi i/by M/s. Veritas Legal, for Plaintiff.

Ms. Veenu Khatri, for Defendant.

CORAM: S.J. KATHAWALLA, J.

DATE: 31st JANUARY, 2017 P.C.:

1.

Heard the learned Advocates for the parties. Perused the Notice of Motion and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clause (a) which is reproduced hereunder :

"(a) that pending the hearing and final disposal of this Suit and execution of the order that may be passed this Hon'ble Court be pleased to restrain the Defendant either by himself and/or his agents, servants, representatives by an order and injunction from in any manner either directly or indirectly creating any third party rights of whatsoever nature in the said flat;" ssp 1/2

nms 6 of 2016 (921).sxw 2.

As far as prayer clause (b) is concerned, liberty is granted to the Plaintiff to file a fresh Notice of Motion and seek the same relief as and when advised. The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2