A division bench restored a dismissed Notice of Motion and the proviso ad-interim order by virtue of a fresh plaintiff's showing. The main suit was remitted to be listed as per its turn.
Ad-interim order of 15.05.2009 restored; Notice of Motion disposed of with main matter listed.
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.
NMS3499-10
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3499 OF 2010 IN
SUIT NO.1242 OF 2010
Asgarali Kasam Ghavate .. Plaintiff Versus Naseem Ahmed Sheikh & Ors. .. Defendants
Mr.S.Bobade i/b. M.Subramanian for plaintiff Mr.J.H.Ramagude for defendants
CORAM : S.C.DHARMADHIKARI, J.
DATE : 23rd December 2010.
P.C.:
1] Mr.Bobde learned Counsel for plaintiffs submits that the
urgency in this motion being restored is that on account of the order of dismissal of the main motion, the ad-interim order dated 15th May
2009 stands vacated and that will cause prejudice to the plaintiffs.
2] He submits that the copies of today’s notice of motion with the affidavit in support have been duly served. Mr.Bobde states that on or
NMS3499-10
2
before 10th January 2011 an affidavit proving service on all defendnts will be filed. The contesting defendant Nos. 1 and 2 both are absent whereas defendant Nos. 3 to 7 are present on notice.
(S.C.DHARMADHIKARI, J)
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
