This order disposed of a civil application in an appeal regarding a suit structure. It set a three-week deadline for the applicant to file an undertaking not to create third-party interests or alter the structure, with dismissal as consequence.
Permission granted for interim relief subject to filing an undertaking within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.544 OF 2007
IN
FIRST APPEAL (ST) NO.1044 OF 2007
M/s.Ajanta Enterprise (Registered) ...Applicant
Versus
Bombay Municipal Corporation ...Respondent
Shri G.S.Godbole i/by Shri A.V.Jain for the Applicant.
Shri J.J.Xavier for the Respondent.
CORAM : A. S. OKA, J.
DATE : JANUARY 23, 2007.
P.C.:
1. Rule. Advocate for the Respondent waives
service. Taken up for hearing forthwith.
2. As First Appeal has been admitted for final
hearing, suit structure will have to be protected.
However, suitable conditions will have to be imposed
while protecting the suit structure.
3. Hence, Application is disposed of by passing
following order:
(i) There will be interim relief in terms of prayer
clause (a) subject to condition that the
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Applicants will file an undertaking in this
court stating therein that the Applicants will
not create any third party interests in respect
of the suit structure and will not part with
the possession thereof in favour of any third
party without the permission of this court and
will not carry out any additions or alterations
in the suit structure without permission of the
Respondent Corporation. If such undertaking is
not filed within a period of three weeks from
today, the Application will stand dismissed
without further reference to the court.
JUDGE
M/s.Ajanta Enterprise (Registered)
Bombay Municipal Corporation
A. S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court