QATAR NATIONAL BANK ALAHLI vs MAN INDUSTRIES INDIA LIMITED

Judgment text excerpt

902-COMAP-18-2024.DOC Digitally signed by PRASHANT PRASHANT VILAS VILAS RANE RANE Date: 2025.01.23 23:49:51 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO. 18 OF 2024 IN INTERIM APPLICATION (L) NO. 31678 OF 2023 IN COMMERCIAL SUIT (L) NO 31639 OF 2023 Qatar National Bank Alahli ...Appellant Versus Man Industries (India) Limited & Ors. ...Respondents _______ Mr. Nikhil Sakhardande, Sr. Adv. a/w Ms. Vatsala Rai, Ms. Nafisa Khandeparkar, Ms. Sushrut Garg, Ms. Devanshi Jhaveri i/by AZB & Partners for Appellant. Mr. Ashish Kamat, Sr. Adv. a/w Mr. Kunal Mehta, Mr. Jay Zaveri, Ms. Tavleen Saini, i/by Crawford Bayley Co. for Respondent No.1. Mr. Ankit Tiwari i/b V. B. Tiwari & Co. for Respondent No.2 – State Bank of India. _______ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE: 23 JANUARY 2025 Oral Judgment: (Per G. S. Kulkarni, J.) 1. This appeal is directed against an ex parte order dated 9 February 2023 passed by the learned Single Judge on interim application (L) No.31678 of 2023 filed in the Commercial Suit in question. By the impugned order, the learned Single Judge has granted an ex parte injunction in terms of prayer Page 1 of 29 23 January 2025 Kiran Kawre 902-COMAP-18-2024.DOC clause (a) and (b) of this application. The relief as granted by the impugned order in terms of prayer clause (a) and (b) is required to be noted which reads thus: “(a) That this Hon’ble Court be pleased to pass appropriate orders granting ex-parte stay on the invocation by respondent no. 1 dated 7 November, 2023 of the Bid Bond/Performance Guarantee (Exhibit X). b) That the Hon’ble Court be pleased to pass an ex-parte order of temporary injunction restraining the respondent no. 2 by themselves and/or through their branches or howsoe