PROGRESSIVE CONSTRUCTION LTD. Vs. RITHWIK PROJECT PVT. LTD.

JUDGEMENT

(1.) The proposed appellant/Progressive Construction Limited, seeks leave to assail an order dtd. 14/10/2024 passed by the Commercial Court in Commercial Original Petition (COP.No.70 of 2023) filed by the respondent Nos.1 and 2 in the present Appeal. The Commercial Court passed the impugned order restraining the respondent Nos.3 and 4 from revoking the Powers of Attorney dtd. 27/12/2006 and 17/2/2011 executed by the respondent No.3 in favour of the respondent No.2 in the present Appeal.

(2.) To simplify matters, the proposed appellant (Progressive) was not a party before the Commercial Court. An application to implead Progressive was ultimately not decided and the COP was instead disposed of. The Commercial Court records in paragraph 44 of the impugned order that the COP was taken up for hearing at the instance of the respondent Nos.3 and 4 and disposed of without issuing notice to Progressive.

(3.) The respondent Nos.1 and 2 in the present Appeal were the petitioner Nos.1 and 2 in the COP before the Commercial Court. The respondent No.3 in the Appeal was the respondent No.1 in the COP and the respondent No.4 herein (authorized representative of the respondent No.3) was the respondent No.2 in the COP.