Single Bench disposed of an appeal against a Single Judge order by recording a statement from respondents and staying the appeal.
Leave to file reply/rejoinder was granted; appeal disposed of without substantial hearing on merits.
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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APP801-10=15.9
PNP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.801 OF 2010 IN
NOTICE OF MOTION NO.1547 OF 2010 IN
SUIT NO.1514 OF 2010
WITH
NOTICE OF MOTION NO.2092 OF 2010 IN APPEAL NO.801 OF 2010 IN
NOTICE OF MOTION NO.1547 OF 2010 IN
SUIT NO.1514 OF 2010
Papeyon Developers Pvt. Ltd.
..Appellant.
Vs.
Dallas Traders & Developers Pvt. Ltd. and others
..Respondents.
Mr. Ravi Kadam, Advocate General with Mr. P.K. Samdani, Senior Advocate with Mr. Chetan Kapadia, Mr. Parimal K. Shroff, Mr. D.V. Deokar, Mr. Vismay Shroff, Ms. Tania Johny i/b M/s.Parimal K. Shroff & Co. for the Appellant.
Mr. Virendra Tulzapurkar, Senior Advocate with Mr. Shyam Mehta, Mr. Mustafa Doctor with Mr. Ajay Vazirani, Mr. Nirav Jani, Mrs. Heena Chheda, Mr. Amey Nabar i/b Hariani & Co. for Respondents 1 and 2.
Mr. A.Y. Bookwala, Senior Advocate i/b Anirban Tripathy for Respondent No.7.
CORAM : MOHIT S. SHAH, C. J. &
DR. D.Y.CHANDRACHUD, J.
15 September 2010.
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P.C . :
“(a) That pending the final hearing and disposal of the above suit, the Defendants No.1, 2 and 7 and their servants and agents and/or any other person claiming through them be restrained by an order and injunction of this Hon’ble Court from in any manner interfering with or intermeddling with or disturbing the possession of the Plaintiffs in respect of the property known as “Bubbies” situate at Pali Mala Road, Bandra (West), Mumbai 400 050 and more particularly described in Exhibit “A” to the Plaint, in any manner whatsoever.”
In view of the above, we dispose of the Appeal after recording the above statement and with a direction that the Respondents shall file their reply within two weeks and the Appellant shall file rejoinder within one week thereafter. It is clarified that Respondents 1 and 2 have made the above statement without prejudice to their rights and contentions in the Notice of
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APP801-10=15.9
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Motion and without prejudice to their right to institute any other proceedings.
In view of the disposal of the Appeal, Notice of Motion 2092 of
2010 becomes infructuous and stands disposed of.
CHIEF JUSTICE
(DR. D.Y.CHANDRACHUD, J.)
Papeyon Developers Pvt. Ltd.
Dallas Traders & Developers Pvt. Ltd.
MOHIT S. SHAH
DR. D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
