Saraogi Healthcare Private Limited v. Icici Bank Ltd

5 AO-853-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 853 OF 2024 WITH INTERIM APPLICATION NO. 15258 OF 2024 by HUSENBASHA RAHAMAN NADAF Date: 2024.12.04 18:57:41 +0530 HUSENBASHA RAHAMAN NADAF Saraogi Healthcare Private Limited ...Appellant

Versus

ICICI Bank Ltd

...Respondent

*** Mr. Sushil Upadhyay i/b. Mr. R.R. Varma, for Appellant. *** CORAM : M.M. SATHAYE, J.

DATE : 4th DECEMBER, 2024 P.C. :

1.

Heard learned counsel for the Appellant.

2.

By the impugned order dated 16.11.2024 passed by the City Civil Court, Dindoshi, ad-interim relief is rejected in Motion No. 3897 of 2024 filed by the Appellant seeking a mandatory order and direction against Respondent/bank to disclose certain particulars about the transaction made by the Appellant.

3.

Perusal of the impugned order shows that the Appellant is directed to argue on the tenability of the suit and the matter is adjourned to 13.12.2024. Undisputedly the motion is pending. 4.

In light thereof, since the Trial Court is considering the issue of tenability of the suit itself, I do not find this to be a fit case to interfere at this stage.

Husen

5 AO-853-2024.doc 5.

Therefore the Appeal form Order and pending Interim Application are dismissed. This Court has not expressed any opinion on merits. The motion be heard on its own merits in accordance with law.

(M.M. SATHAYE, J.) Husen