SINTEX INDUSTRIES LIMITED Vs. SOUTH INDIAN BANK LIMITED

JUDGEMENT

(1.) Heard Mr. Mihir J. Thakore, learned Senior Counsel assisted by Mr. Salil M. Thakore, learned counsel and Ms. Feresthe Shethna, learned counsel for the appellant through Video Conferencing. Mr. Sahil Thakore, learned counsel for the appellant has also submitted written arguments through what's app, which is taken on record.

(2.) The present appeal under Section 96 r/w. Order 41 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 27.07.2020 passed by learned Principal Sr. Civil Judge, Kalol, Dist. Gandhinagar, whereby, the suit has been rejected for want of cause of action and jurisdiction under Order 7, Rule 11 (a) and (d) of the Code of Civil Procedure, 1908 (now referred as "the Code" for short).

(3.) The present appellant - Sintex Industries Limited (hereinafter referred to as the "plaintiff" for short) filed a suit for declaration, injunction and damages against 19 defendants under Sections 34, 37 and 40 of the Specific Reliefs Act and prayed as under: