The Bombay High Court rejected a chamber summons filed by an applicant without disclosing a prior order passed concerning the same application between the same parties. The petition calls for no admissibility.
The present Chamber Summons is rejected.
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1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.807 OF 2007
IN
ARBITRATION PETITION NO.338 OF 2001
Pratap K. Thakkar/Sejpal & Ors. ..Applicants.
V/s.
Rajendra D. Shah & Ors. ..Defendants.
And
Abdul Hamid Kapadia ..Applicant.
And
The Court Receiver ..Custodia Legis.
Mr.Vipin Kamdi i/b. Mr.R.S.Kolnoorkar for applicant.
Mr. Jariwala i/b.Thakur Jariwala & Associate for
petitioner.
CORAM: A.M.KHANWILKAR,J
DATE : JUNE 22, 2007.
P.C. :
1. My attention is invited to the order passed on
12th January, 2004 in Chamber Summons No.1301 of 2003
taken out by the same applicant. Without disclosing
this fact the present Chamber Summons is filed, which
obviously cannot be entertained. Hence rejected.
1 issue framed by the court
Whether a chamber summons can be entertained when the applicant has not disclosed a prior identical proceeding between the same parties regarding the same matter.
Pratap K. Thakkar
Rajendra D. Shah
Abdul Hamid Kapadia
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court