Partly allowed

m/s earth builders v. dani sadan co-op hsg. society Ltd. and Anr.

Bombay HC6 Dec 2005APP/888/2005

Case brief

AI extract

What is this about?

The Court allowed the appeal to be withdrawn. It granted liberty to the appellant (defendant no.1) to apply for an early hearing of the notice of motion, keeping all contentions open for argument during the motion hearing, clarifying interim remarks bear no final weight.

What did the court decide?

Appeal allowed to be withdrawn; liberty granted to defendants to apply for fixing an early date of hearing of the notice of motion.

m/s earth builders Vs dani sadan co-op hsg… — Civil Procedure and Limitation | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE

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APPEAL NO.888 OF 2005 IN

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NOTICE OF MOTION NO.1638 OF 2005 IN SUIT NO.1526 OF 2005

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M/s.Earth Builders. Appellants

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vs.

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Dani Sadan Co-operative Housing Society Ltd. & anr. Respondents

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Mr.P.K.Samdani with Mr.V.K.Merchant i/b.M/s.Kishore Thakordas & Co. for the appellants. Mr.Aspi Chinoy, Senior Counsel with Mr.Tushar Cooper, Mr.Aziza Khatri & Mr.Aarti Jumani, advocagtes i/b.M/s.Hariani & Co. for the respondent no.1.

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Mr.K.N.Gaikwad for the respondent no.2.

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CORAM : R.M. LODHA & D.G. KARNIK, JJ .

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DATED : 6th December 2005

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P.C.

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The impug	ned	order	is in	the	nature of	ad	-interim
relief. The	notice	of	motion	is still	pendi	ng.	The
learned counsel	for	th	e	appellan	ts sub	mits	that
appellants do	not	desire	to	prosecute	this	appeal	on
merits and all	conte	ntions	raised	in the	appeal	may	be
kept open to	be	agitated	at	the time	of	hearing	of

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notice of motion and the hearing of notice of motion be

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expedited.

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The prayer made by the learned counsel for the

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appellants is fair and reasonable.

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3.	We,	accordingl	y, al	low the	appeal	to	be	withd	rawn.
We	are	satisfied	that	notice	of motio	n	deserves	to	be
heard	at an	early	date.	We	, therefo	re,	grant	liberty	to
the	defendant	no.1	(appe	llants h	erein) to		apply t	o	the
learned	motion	Judge	f	or fix	ing the		early	date	of
hearing	of the	notice	of	motion.	Al	l	contentions	of	the
parties	are	kept	open	to be	agitated	at	the	time	of
hearing	of	the notic	e of	motion.	Nee	dless	to s	ay	that
the	observations	made	in	the im	pugned	order	are	only	for
the	purposes	of	consid	eration	of ad-i	nterim	relief		and

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shall not influence the decision in the notice of

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motion.

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(R.M.LODHA, J.)

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(D. G. KARNIK, J.)

m/s earth builders v. dani sadan co-op hsg. society Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

m/s earth builders v. dani sadan co-op hsg. society Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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