MANIYARI HOTELS PVT LTD Vs. AIHAANA ACHARIYA SHARMA

JUDGEMENT

(1.) Heard Mr. S.G. Desai, the learned Senior Advocate who appears along with Ms. Shalaka Shalke for the Appellants in both the appeals and Mr. Amit Palekar for the Respondents.

(2.) On 7/9/2020, we had made it clear that subject to constraints of time, an endeavor shall be made to dispose of this Appeal finally at the stage of admission. The learned Counsel for the parties agree that both these Appeals can be disposed of by a common Judgment and Order since, the challenge in both these Appeals is to the common Judgment and Order dated 28/1/2020 made by the District Judge, South Goa at Margao (Commercial Court).

(3.) Commercial Appeal Stamp Number (Main) No.639 of 2020 is directed against the dismissal of application for a temporary mandatory injunction at Exhibit 7 and Commercial Appeal Stamp Number (Main) No.923 of 2020 is directed against the dismissal of application at Exhibit D-17. Both the applications were filed before the Commercial Court by the Appellant herein. Accordingly, both these Commercial Appeals are admitted and taken up for final disposal with the consent of and at the request of the learned Counsel for the parties.