Dismissed

Susme Builders Pvt. Ltd. v. Om Namo Sujlam Suflam Chs. and Anr.

Bombay HC27 Sept 2012APP/673/2012

Case brief

AI extract

What is this about?

Appeal against an order declining ad-interim relief dismissed without merits analysis. Court directed trial judge to listNotice of Motion for early hearing and retained existing statement of respondent-defendant.

What did the court decide?

Appeal disposed with request to trial judge to take up Notice of Motion for early final hearing; statement of respondent-defendant retained.

Susme Builders Pvt. Ltd. Vs Om Namo Sujlam Suflam Chs. and Anr. — Arbitration | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL LODGING NO.612 OF 2012 IN

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NOTICE OF MOTION NO. 1640 OF 2012 IN

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SUIT NO.1588 OF 2012

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Susme Builders Pvt. Ltd. … Appellant Vs.

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Om Namo Sujlam Suflam Co-op.Hsg. Ltd.& anr. … Respondents

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Mr.Vineet Naik, Senior advocate, with Mr.H.N.Thakore, Mr.A.A.Joshi, Mr.Dhaval Deshpande, Vishal Talsania and D.Jones i/by Thakore Jariwala & Associates, for appellant.

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Mr.Pravin Samdani, Senior advocate with Mr.Snehal Shah, Mr.Naushad Engineer, Ms Dipti Panda i/by Narayan & Narayan, for respondent No.1.

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Mr.V.R.Dhond, Senior advocate with Mr.Rakesh Agarwal, for respondent No.2.

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CORAM : MOHIT S. SHAH, C.J. & N.M. JAMDAR J.

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Thursday, September 27, 2012.

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P.C.:

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This appeal is directed against the order dated 3 August 2012 of the learned Trial Judge of this Court declining to grant ad-interim relief in the appellant's Notice of Motion No.1640 of 2012.

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Having regard to the fact that the impugned order is an adinterim order and that the respondent-defendants propose to file affidavit in reply to the Notice of Motion by 3 October 2012, we are of

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the view that interests of justice will be served if this appeal is disposed of with a request to the learned Trial Judge to take up Notice of Motion No.1640 of 2012 itself for early hearing.

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Accordingly, without going into the merits of the controversy between the parties we dispose of this appeal with a request to the learned Trial Judge to take up the Notice of Motion for early final hearing. For this purpose the Notice of Motion shall be listed before the learned Single Judge on 3 October 2012, for directions.

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In the meantime, the statement of the learned counsel for respondent-defendant No.1 recorded in paragraph no.39 of the impugned order shall continue till final disposal of the Notice of Motion. Appeal accordingly stands disposed of.

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CHIEF JUSTICE

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N.M.JAMDAR, J.

Susme Builders Pvt. Ltd. v. Om Namo Sujlam Suflam Chs. and Anr.

Case brief

What is this about?

What did the court decide?

Susme Builders Pvt. Ltd. v. Om Namo Sujlam Suflam Chs. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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