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Bombay High Court · 2025-03-06

ASHOK INVESTORS TRUST LTD vs CHEERFUL TRADE AND REALTY DEVELOPERS PVT LTD

Citation / case number
COMAP/25/2025
Court
Bombay High Court
Petitioner
ASHOK INVESTORS TRUST LTD
Respondent
CHEERFUL TRADE AND REALTY DEVELOPERS PVT LTD
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Judgment text excerpt

21452.23-comapl+.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL (L) NO.21452 OF 2023 IN INTERIM APPLICATION (L) NO.21398 OF 2021 IN COMMERCIAL SUIT (L) NO.21256 OF 2021 WITH INTERIM APPLICATION (L) NO.13622 OF 2022 IN COMMERCIAL SUIT (L) NO.21256 OF 2021 2023. Mr.Atharva A. Dandekar for the appellant (DBS Bank) in Commercial Appeal (L) No. 21524/2023. Mr.Neerav Merchant with Ms.Neha Surte i/b Thakordas & Madgavkar for the appellant in COMAPL No. 21538/2023. Mr.Ashish Kamat, Senior Advocate with Ms.Simantinee Mohite, Mr.S.K. Srivastav, Ms.Malika Mondal and Mr.Hitanshu Jain i/b S.K. Srivastav & Co. for the respondents in all appeals. CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J. RESERVED ON : MARCH 3, 2025 PRONOUNCED ON : MARCH 6, 2025 JUDGMENT (PER : CHIEF JUSTICE) 1. In these appeals preferred under Section 13(1-A) of the Commercial Courts Act, 2015 (Act of 2015), the appellants have questioned the validity of order dated 5th June 2023 by which application for injunction filed by Cheerful Trade and Realty Developers Pvt. Ltd. (formerly known as Prawas Leasing & Finance Pvt. Ltd.) (plaintiff No.1) and Aristo Realty Basavraj Page

ASHOK INVESTORS TRUST LTD vs CHEERFUL TRADE AND REALTY DEVELOPERS PVT LTD · Niyam