Disposed
Lg Electronics India Pvt. Ltd. v. Balasaheb Shankerrao Ganjave
Bombay HCWP/8230/2004
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HIGH COURT OF JUDICATURE AT BOMBAYIN THE…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
WRIT PETITION NO.8230 OF 2004
LG Electronics India Pvt Ltd, .. Petitioners.
vs
Mr Balasaheb Shankerrao Ganjave, .. Respondents
Mr Kevic Setalvad i/b M/s D.H.Law Associates, for the
petitioners.
Mr.P.P.Kakade, for the respondents.
CORAM : D.B.BHOSALE,J.
DATE : 16th October, 2004.
PC:
1. Heard the learned counsel for the parties.
2. Mr.Satalvad, learned counsel for the petitioners,
states that he is not pressing this petition and the
petitioners will be satisfied if they are given liberty
to file an appeal against the judgment and order dated
22.4.2004 passed by the Small causes Court in Spl.
Civil Suit no.113 of 2002. He further submits that the
respondents be restrained from withdrawing the amount of
Rs.3,41,981.25 deposited by the petitioners in the Court
in pursuance of the impugned judgment dated 22.4.2004
for a period of three weeks from today to enable the
petitioners to file an appeal and seek appropriate
interim relief in the appeal. Mr. Kakade, learned
counsel for the respondents, on instructions, states
that the respondents have no objection for granting
liberty to the petitioners to file an appeal and apply
for interim relief therein within a period of three
weeks from today subject to the respondents’ rights to
oppose the reliefs claimed by the petitioners. He
further submits that if the petitioners fail to obtain
orders from the Court within three weeks, the
respondents may be allowed to withdraw the amount
deposited by the petitioners. Keeping in view the
submissions of the learned counsel for the parties, in
my opinion, the following order will meet the ends of
justice.
(i) The writ petition is disposed of as not pressed.
(ii) Liberty to the petitioners to file an appeal
against the judgment and order dated 22.4.2004 passed in
Spl Civil Suit No.113 of 2002 and pray for interim
relief within three weeks from today failing which it is
open for the respondents to take steps to withdraw the
amount deposited by the petitioners in the Court.
(iii) Mr.Satalvad, learned counsel for the petitioners,
on instructions, states that the petitioners will not
dispose of the office premises at Pune without
permission of the Court. His statement is accepted.
(iv) The appeal and the application seeking interim
relief, that will be filed by the petitioners, be dealt
with on merits in accordance with law.
(v) While passing this order, I shall not be understood
to have examined the merits of the case.
. An authenticated copy of this order may be made
available to the parties.
(D.B.BHOSALE, J.)
LG Electronics India Pvt Ltd
Mr Balasaheb Shankerrao Ganjave
D.B. BHOSALE
As recorded by the court registry
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