LAKSHMAMMA Vs. HUAWEI TECHNOLOGIES INDIA PRIVATE LIMITED

JUDGEMENT

(1.) The defendants in Commercial O.S. No.296/2020 on the file of LXXXIX Commercial Court/Additional City Civil Judge, Bengaluru have preferred the instant Commercial Appeal challenging the validity of the order dtd. 2/12/2021, wherein the Commercial Court has allowed the application under Order XXXIX Rules 1 & 2 read with Sec. 151 of Code of Civil Procedure filed by the plaintiff/ respondent, and restrained the defendants and anyone claiming under them by way of temporary injunction from utilizing or creating any charge over the FAR/FSI in respect of the suit 'A' schedule property in any capacity including as confirming parties, pending disposal of the suit.

(2.) Brief facts necessary for adjudication of the case can be summarized as under:

(3.) Appellants No.10 to 16 executed Joint Development Agreement on 21/3/2005 in favour of appellant No.17 to develop the lands covered under the agreement which also included the portion of suit 'A' schedule property. The said appellants also executed a registered power of attorney authorizing defendant No. 17 to confer a lease of their respective properties.