Bombay High Court
Future Corporate Resources Pvt.Ltd vs Edelweiss Special Opportunities Fund ... on 4 October, 2022
Author: Gauri Godse
Bench: G.S. Patel, Gauri Godse
20-21-OSIAL-31218-20220COMAPL-31212-2022.DOC
VARSHA Digitally signed
by VARSHA
VIJAY VIJAY RAJGURU
Date: 2022.10.04
RAJGURU 14:46:20 +0530
Varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL APPELLATE DIVISION
INTERIM APPLICATION(L) NO. 31218 OF 2022
IN
COMMERCIAL APPEAL (L) NO. 31212 OF 2022
IN
INTERIM APPLICATION (L) NO. 18775 OF 2022
IN
COMMERCIAL SUIT NO. 164 OF 2022
Future Corporate Resources Pvt Ltd ...Appellant
Versus
Edelweiss Special Opportunities Fund & Anr ...Respondents
WITH
INTERIM APPLICATION(L) NO. 31223 OF 2022
IN
COMMERCIAL APPEAL(L) NO. 31221 OF 2022
IN
INTERIM APPLICATION (L) NO. 18696 OF 2022
IN
COMMERCIAL SUIT NO. 207 OF 2022
Ojas Tradelease and Mall Management Pvt Ltd ...Appellant
Page 1 of 3
4th October 2022
20-21-OSIAL-31218-20220COMAPL-31212-2022.DOC
Versus
IDBI Trusteeship Services Ltd & Anr ...Respondents
Mr Navroz Seervai, Senior Counsel, with Gaurav Joshi, Ritin Rai,
Nirman Sharma, Ansh Karnawat, Petrushka Dasgupta, Mridul
Yadav, Dhruti Chheda & Ankita Yadav, i/b ALMT Legal for
the Appellant in COMM. APP/31212/2022.
Mr Virag Tulzapurkar, Senior Counsel, with Birendra Saraf,
Ranjeev Carvalho, Dhruva Gandhi, Sachin Chandarana,
Akshay Dhyalkar & Archit Shah, i/b MKA& Co, for the
Respondents in IA/L/31218/2022 in COMM. APP/31212/2022.
Ashish Kamat, Senior Counsel, with Nirman Sharma, Ansh
Karnawat, Petrushka Dasgupta, Mridul Yadav, Dhruti Chheda
& Ankita Yadav, i/b ALMT Legal for the Appellant in COMM.
APP/31221/2022.
Mr Virag Tulzapurkar, Senior Counsel, with Jeehan Mehta,
Vikram Trivedi, Sunil Tilokchandani, Nipa Gosh, i/b MKA &
Co, for the Respondents in IA/L/31223/2022 in COMM.
APP/31221/2022.
SK Dhekale, Court Receiver,with A Malvankar, present in both
Comm. Appeals.
CORAM G.S. Patel &
Gauri Godse, JJ.
DATED: 4th October 2022 PC:-
1. The two Appeals are directed against a common interlocutory order dated 12th September 2022. We propose to hear both the Appeals finally at the stage of admission at the earliest possible date. They are to be listed on Monday 10th October 2022 high on board. We make it clear to all appearing Counsels that we will not be able to adjourn the matters on that date for any reason.
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2. By the impugned order the Court Receiver was appointed of the mortgage property shown at "Exhibit-F1" to the plaint in Commercial Suit No. 207 of 2022. This is part of a mall in Ahmedabad. The Receiver is present in Court. He reports that the Receiver has taken symbolic possession of Block C of the Mall in Ahmedabad. We are told that in this Block the ground, 1st and 2nd floor are the mortgaged properties described in "Exhibit-F1" in the plaint.
3. In the other Commercial Suit No. 164 of 2022 and Interim Application No.18775 of 2022 therein, the learned single Judge granted an order of disclosure in terms of prayer clause (b) of the Plaintiff's Interim Application. The disclosures were to be made within four weeks of 12th September 2022, i.e, by 12th October 2022. We extend that date till 19th October 2022.
4. The other orders of injunction in both the Motions will continue, but only until 12th October 2022.
5. Both the sides permitted to put in a list of dates, concise written submissions and compilations of authorities duly indexed and paginated. These will be required both in hard and soft copy by 6 pm on Friday 7th October 2022.
(Gauri Godse, J) (G. S. Patel, J)
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4th October 2022