A notice of motion filed by the defendant seeking extension of a stay order exceeded its validity period; thus, the matter was disposed of without passing any order.
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1 nms-177-11 in s-224-08
I N THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
mmj
NOTICE OF MOTION NO.177 OF 2011
IN
SUIT NO.224 OF 2008
Dr. Ashok M. Bhat & Anr. ..Plaintiffs vs. Harichand Nagpal & Anr. ..Defendants
Mr. Vinod Bhagat, Mr. Punit Jani and Mr. Dhiren Karania i/b Mr. G.S.Hegde & Mr. V.A.Bhagat for the Plaintiffs
Mr. R.V.Bhasin i/b Mr. Kranti Anand for Defendant No.1
CORAM : S.J. KATHAWALLA, J. DATE : 24th JANUARY 2011.
P.C.
Not on board. Mentioned, taken on board.
By an order dated 24th November 2010, Notice of Motion No.323 of 2008 was allowed by this Court (Coram : S.C.Dharmadhikari, J) in terms of prayer clauses (a) to (c) of the said Notice of Motion. The said order was stayed for a period of six weeks i.e. up to 6th January 2011.
By the present Notice of Motion, filed by the Defendant on 13th January 2011 and moved before this Court today i.e. 24th January 2011, the Defendant seeks extension of the stay of the said order dated 24th November 2010.
Since the stay granted by the learned Single Judge has expired as far back on 6th January 2011, the question of extending the stay today i.e. on 24th January 2011 by this Court does not arise. In view thereof, no orders are passed in the above Notice of Motion.
Notice of Motion is accordingly disposed of.
[ S.J. KATHAWALLA, J. ]
Dr. Ashok M. Bhat & Anr.
Harichand Nagpal & Anr.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
