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Bombay High CourtCOMAO/19/2025disposed off

Ashok Investors Trust Limited v. Crosslink Food And Farms Pvt Ltd Thr Its Authorised R.Mr. Nandaram Ghogare

2025-07-25Hon'Ble The Chief Justice , Hon'Ble Shri Justice Sandeep V. Marne2 pages

1-COMAO-19-2025.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL APPEAL FROM ORDER NO. 19 OF 2025 WITH INTERIM APPLICATION NO. 10136 OF 2025 Ashok Investors Trust Limited .. Appellant

Versus

Crosslink Food and Farms Pvt. Ltd.

& Ors.

.. Respondents Mr. Zal Andhyarujina, Senior Advocate a/w Ms. Akanksha Agarwal, Mr. Rohan Vasa and Mr. Shreyas Lavekar i/by Argus Partners for appellant.

Mr. Neerav B. Merchant i/by Thakordas and Madgavkar for respondent nos.3 and 4.

by PRAVIN DASHARATH PANDIT Date:

2025.07.25 15:29:27 +0530 PRAVIN DASHARATH PANDIT

CORAM:

ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATE:

25th JULY, 2025 P.C.:

1.

This appeal under Section 13 (1-A) of the Commercial Courts Act, 2015 has been filed against an order dated 17th April, 2025 by which the Notice of Motion for injunction has been allowed.

2.

Learned senior counsel appearing for the appellant submits that the learned Judge of the City Civil Court, Mazgaon, Mumbai, ought to have appreciated that the suit was barred by limitation. It is also pointed out that the learned trial Judge failed to consider the three well settled

1-COMAO-19-2025.doc ingredients on the touchstone of which the prayer for injunction is required to be examined.

3.

Issue notice to the respondents, returnable on 13th August, 2025. Hamdast is permitted. In addition to the Court notice, appellant is permitted to serve the respondents privately by any permissible mode of service. 4.

Mr. Merchant, learned counsel appears for respondent nos.3 and 4, waives service of notice.

(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)