Civil Application for vacating ad-interim relief and fixing early hearing date. Applicant withdrew primary prayer regarding undertaking but prayed for early second appeal hearing, which was granted.
Liberty granted to Applicant to prefer appropriate application for fixing early date of hearing of Second Appeal.
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1 17 cas 1014.12 in sa 46.11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1014 OF 2012 IN
SECOND APPEAL NO.46 OF 2011
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr. U.B. Nighot for the Applicant. Mr. R.P. Lote for Respondent nos.1 to 3. Mrs. Shubhangi Deshmukh for Respondent nos. 5 and 6.
CORAM : K.K.TATED, J. DATE : 17/08/2012
PC :
1 Heard the leaned counsel for the parties.
2 This Application is preferred by original Respondent no.1 for vacating ad-interim relief granted in favour of Respondent nos. 1 to 3 – original Appellants on the ground that they failed to file written undertaking as per the order passed by this court on 28th July, 2011 in Civil Application no.1591 of 2010.
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2 17 cas 1014.12 in sa 46.11.doc
3 The learned counsel appearing on behalf of Respondent nos. 1 to 3 filed their affidavit-in-reply dated 4th April, 2012. In the said affidavit-in-reply Respondent nos.1 to 3 stated that they filed undertaking in the Registry on 23rd August, 2011 and obtained acknowledgement on their advocate's letter dated 23rd August, 2011 which is Exhibit 1 on page 13.
4 In view of these facts the learned counsel for the Applicant states that he is not pressing the prayer clause (a) of the present Civil Application.
5 The prayer clause (b) is made for early date of hearing of the Second Appeal. Liberty granted to the Applicant to prefer appropriate application for fixing early date of hearing of the Second Appeal.
6 Civil Application is disposed of accordingly.
(K.K.TATED, J.)
katkam
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2 issues framed by the court
Whether the application for vacating ad-interim relief should be disposed of in view of the filing of undertaking by the applicants.
Whether the prayer for an early date of hearing of the second appeal should be granted.
Respondent no.1
Respondents 1 to 3
Respondents 5 and 6
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
