The High Court disposed of an appeal seeking a review of an adjournment order in a civil suit concerning a breach of an interim order, noting a pending Notice of Motion on limitation.
Appellants directed to file reply in Notice of Motion No.2116 of 2011 without prejudice to rights in heard Notice of Motion No.342 of 2011.
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app-lodg.122-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL LODGING NO.122 OF 2012 IN NOTICE OF MOTION NO.2116 OF 2011 IN
SUIT NO.2519 OF 2010
Mrs. Zinnia M. Khajotia & Ors.
..Appellants
Versus
Dallah Albaraka Investment Co. Ltd. ...Respondents.
Mr. Ram Kakpar I/b. Dutt Menon Dunmorrr Sett for the appellants. Mr.Janak Dwarkadas, Senior Counsel with Mr. Atul Rajadhyaksha, Mr.Sharan Jagtiani, Mr. Girish Dave and Mr. Ankit Rajput I/b. Dave & Girish & Co., for the respondents.
CORAM: MOHIT S. SHAH, C.J. & RANJIT MORE, J. DATED : 20 March 2012.
P.C.
What is challenged in this appeal is the following order dated 6 February 2012 in Notice of Motion No.2116 of 2011 in Suit No.2519 of 2010:-
“Notice of Motion No.2116 of 2011 is adjourned for reply to 27th February, 2012.”
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app-lodg.122-12
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Motion No.342 of 2011 in January, 2011 under Section 9A of the Code of Civil Procedure for framing the question of limitation as a preliminary issue, but the said Notice of Motion has not been heard and the appellants have been asked to file reply in Notice of Motion No.2116 of 2011 for the alleged breach of the ad-interim order passed by the trial Court.
4. Appeal stands disposed of accordingly.
CHIEF JUSTICE
(RANJIT MORE, J.)
2 issues framed by the court
Whether the appeal against the adjournment order is maintainable.
How the court should dispose of the appeal when a pending Notice of Motion on limitation under Section 9A CPC remains unheard.
1 provisions across 1 enactments
Mrs. Zinnia M. Khajotia & Ors.
Dallah Albaraka Investment Co. Ltd.
Mohit S. Shah
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
