High Court dismissed this civil application because notices were returned unserved and the underlying Letters Patent Appeal became infructuous due to the sale of the property.
The application was dismissed as it did not survive.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.412 OF 2007 IN LETTERS PATENT APPEAL ST. NO.18922 OF 2007 IN
WRIT PETITION NO.466 OF 2007
M/s. Jayashree Executive Food Stuff Through its partner Sou. Sunanda Deepak Bhosale and others.
... Applicants
Versus
Rupee Cooperative Bank Ltd. and others.
... Respondents
Mr.S.S. Kanetkar for the applicants.
Mr. Y.R. Naik i/by Mr. Prashant Naik for the Respondent No.1.
CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 29TH JULY, 2009
P.C.
As per the report of the Registry, notices have been returned unserved with remark `not residing at given address, hence pasted'. However, the learned counsel appearing for the respondent No.1 states that Letters Patent Appeal has been rendered infructuous as the sale of the property has already been completed and nothing survives. The appeal has become infructuous without prejudice to the rights and liberty to the applicants to revive and it is dismissed as such.
CHIEF JUSTICE
A.M. KHANWILKAR, J.
Swatanter Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
