Disposed

Laxmi Charitable Trust v. M/S. Slimwell and Ors.

Bombay HC3 Apr 2006WP/1192/2006

Case brief

AI extract

What is this about?

In a writ petition challenging the delay in hearing a temporary injunction application filed in a lower court suit, the court directed the lower court to hear both parties on merits and dispose of the application within two weeks.

What did the court decide?

Directed the lower court to take up the temporary injunction application in R.A.D. Suit No. 3 of 2006 for hearing on merits and dispose of it within two weeks.

Laxmi Charitable Trust Vs M/S. Slimwell and Ors. — Civil Procedure and Limitation | Bombay HC (2006)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶2

 WRIT PETITION NO. 1192 OF 2006

¶3

 Laxmi Charitable Trust ... Petitioner

¶4

V/s

¶5

 M/s. SLIMWELL & ors. ... Respondents

¶6

 Mr. Prakash Mahadik for the petitioner.

¶7

 Mr. Puneet Chaturvedi for the respondents.

¶8

CORAM: P.V. KAKADE, J.

¶9

DATED: 3RD APRIL, 2006

¶10

P.C.:

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 1. Heard both parties.

¶12

 2. The petition can be disposed of with certain
 directions to the lower Court without going into the
 merits.

¶13

 3. The R.A.D. Suit No. 3 of 2006 is filed by the
 present respondentS against the petitioner for

¶14

 declaration and consequential relief wherein order is
 passed by the lower Court to maintain the status-quo on

¶15

 4.1.2006 and the order was to be effective till
 9.1.2006. It appears from the record that on 17.1.2006

¶16

¶17

 the petitioner moved the Court for expeditious hearing

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 of the matter but the Trial Court has not taken up the
 matter for hearing. My attention was brought to the
 copy of the roznama of the suit. It appears that the
 Trial Court has adjourned the matter as the writ
 petition is filed by the present petitioner in this
 Court.

¶19

 4. In my considered view, this approach of the Trial
 Court is not desirous nor proper. Firstly, the
 temporary injunction application is to be decided within
 stipulated time as per law, which has not been done.
 Moreover, the matter is being delayed only because the
 petitioner has filed this writ petition out of
 frustration when the lower Court appears to have not
 properly heard the application.

¶20

 5. In view of these aspects, the lower Court is
 directed to take up the temporary injunction application
 filed in R.A.D. Suit No. 3 of 2006 for hearing on
 merits and it shall dispose of the application after
 hearing both parties on merits within two weeks from the
 date of this order.

¶21

 With these directions, the petition stands disposed of

¶22

¶23

 with no order as to costs.

Laxmi Charitable Trust v. M/S. Slimwell and Ors.

Case brief

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Laxmi Charitable Trust v. M/S. Slimwell and Ors.

Case brief

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