Two Judges dismissed an interim appeal against a single judge order denying ad-interim relief, clarifying that the finding of no prima facie case was confined to the interim stage.
None granted; appeal disposed; all questions kept open for hearing.
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 O. O. C. J.
APPEAL LD. NO.25 OF 2009 IN NOTICE OF MOTION NO.4087 OF 2008 IN SUIT NO.3236 OF 2008
Samir N. Bhojwani. Vs. Sunshine Projects Pvt. Ltd. & Anr.
...Appellant.
...Respondents.
Mr. P.K. Samdani i/b. P.K. Shroff & Co. for the Appellant. Mr. S.U. Kamdar i/b. Purnanand & Co. for Respondent No.1. Mr.Prakash Gangwani i/b. Khona & Keyser for Respondent No.2.
CORAM : SWATANTER KUMAR, C.J. & DR.D.Y.CHANDRACHUD, J.
January 14, 2009 .
P.C. :
This is an ad-interim prayer passed by the Learned Single
Judge. The Notice of Motion has already been made returnable.
Liberty to the parties to request for expeditious disposal of the Notice of Motion before the Learned Single Judge is granted. While declining to interfere at this stage, we make it clear that the observation in the impugned order that the Appellant has no prima facie case is confined to the disposal of the application for ad-interim
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relief only, and all questions are kept open to be urged at the hearing
of the Motion. The appeal is disposed of.
CHIEF JUSTICE
Dr.D.Y. CHANDRACHUD, J.
Samir N. Bhojwani
Sunshine Projects Pvt. Ltd.
Anr
SWATANTER KUMAR
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
