KKR INDIA FINANCIAL SERVICES LIMITED Vs. AXIS BANK LIMITED
LAWS(GJH)-2020-3-54
HIGH COURT OF GUJARAT
Decided on March 05,2020

KKR INDIA FINANCIAL SERVICES LIMITED Appellant
VERSUS
Axis Bank Limited Respondents

JUDGEMENT

J.B.Pardiwala, J. - (1.) Since the issues raised in both the captioned petitions are the same and the challenge is also to the selfsame order passed by the Commercial Small Causes Court, Ahmedabad, those were heard analogously and are being disposed of by this common judgment and order.
(2.) For the sake of convenience, the Special Civil Application No.18466 of 2019 is treated as the lead matter.
(3.) By this application under Article 227 of the Constitution of India, the applicants (affected third parties) have prayed for the following reliefs: "28. a) this Hon'ble Court may be pleased to issue an appropriate order or direction setting aside the Impugned Order dated 13 September 2019 passed by the Small Cause Court, Ahmedabad in Exhibit 9 (interim application) in Suit No.379 of 2019; b) this Hon'ble Court may be pleased to issue an appropriate order or direction pending the admission, hearing and final disposal of the present Application, this Hon'ble Court be pleased to stay the operation and implementation of the Impugned Order dated 13 September 2019 passed by the Small Cause Court, Ahmedabad in Exhibit 9 (interim application) in Suit No.379 of 2019 and consequential proceedings, arising therefrom, if any, in the interest of justice; c) that this Hon'ble Court be pleased to grant ad-interim ex-parte relief in terms of para 28(b) above; c-1) that this Hon'ble Court be pleased to issue an appropriate order or direction setting aside the Modified Order dated 19 October 2019 passed by the I/c. Chief Judge, Comm. Small Cause Court, Ahmedabad below Exhibit 9 in Comm. Suit No.397/2019; c-2) that pending the admission, hearing and final disposal of the present Petition, the Hon'ble Court be pleased to stay the Modified Order dated 19 October 2019 passed by the I/c. Chief Judge, Comm. Small Cause Court, Ahmedabad below Exhibit 9 in Comm. Suit No.397/2019; c-3) that this Hon'ble Court be pleased to grant ad-interim relief in terms of para 28 c-2) above; d) this Hon'ble Court may be pleased to grant such other and further reliefs, in favour of the Applicants, as deemed fit in the interest of justice and equity.";


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