This order relates to withdrawn chamber summons No.366 of 2005 in execution of suit 1762 of 1994. Withdrawing the summons rendered the impugned order infructuous, leading to disposal of two conjoined appeals.
Both appeals stand disposed of as the chamber summons No.366 of 2005 was permitted to be withdrawn.
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 ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.172 OF 2006
IN
CHAMBER SUMMONS NO.366 OF 2005
IN
EXECUTION APPLICATION (Lodging) NO.54 OF 2005 IN
SUIT NO.1762 OF 1994
Dr.Sharad Natwarlal Joshi & Anr. V/s
Majithia Mehta Constructions Pvt.Ltd.
.. Appellants
.. Respondents
Mr.Gaurav Joshi i/by M/s.Mulla & Mulla & CB & C for the Appellants. Mr.A.Fernandes with Ms.Deepti Nagpal i/by M/s.Kanga & Co.for Resp.No.1. Mr.Sanjay Desai i/by M/s.Bankim Desai & Co.for Respondent No.5.
WITH
APPEAL NO.204 OF 2006
IN
CHAMBER SUMMONS NO.366 OF 2005
IN
EXECUTION APPLICATION (Lodging) NO.54 OF 2005
IN
SUIT NO.1762 OF 1994
Majithia & Mehta Constructions Pvt.Ltd. V/s
Dr.Natwarlal Dayashankar Joshi & Ors.
.. Appellants
.. Respondents
Mr.A.Fernandes with Ms.Deepti Nagpal i/by M/s.Kanga & Co.for the Appellants. Mr.Gaurav Joshi i/by M/s.Mulla & Mulla & CB & C for Respondent Nos.1 to 3.
CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ.
DATE: 20th June, 2011
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P.C:
On the motion made by learned counsel appearing for the original applicant who had taken out the Chamber Summons No.366 of 2005, the Chamber Summons No.366 of 2005 is permitted to be withdrawn with liberty to adopt such remedy as may be available under the law. As the Chamber Summons has been withdrawn, the order passed thereon by the learned Single Judge does not survive rendering both these appeals infructuous. Hence both appeals stand disposed of.
(R.G.KETKAR, J.)
(D.K.DESHMUKH, J.)
Dr. Sharad Natwarlal Joshi & Anr.
Majithia Mehta Constructions Pvt. Ltd.
Majithia & Mehta Constructions Pvt. Ltd.
Dr. Natwarlal Dayashankar Joshi & Ors.
D.K.Deshmukh
R.G.Ketkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
