High Court Bench clarifies that observations in an ad-interim order will not obstruct disposal of the principal motion on merits; appeal from interim order dismissed.
Clarification issued regarding disposal of principal motion; appeal dismissed.
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VBC 1/2 appl849.12-15.7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
APPEAL (L) NO.849 OF 2012 IN NOTICE OF MOTION (L) NO.2465 OF 2012 IN SUIT (L) No.2025 of 2012
Praveen Nathmal Ramani & Anr. ...Appellants. Vs. Kiran Nathmal Ramani & Ors. ...Respondents.
.... Mr.B.K. Bali with Ms.Shail Chaudhary i/b. Bali Associates for the Appellants. Mr.K.H.Halai i/b. Halai & Co. for the Respondents.
CORAM : DR.D.Y.CHANDRACHUD AND S.C.GUPTE, JJ.
July 15, 2013 .
P.C. :
On the delay being condoned, the appeal has been called out for admission with the consent of Counsel appearing on behalf of the Appellants and the Respondents.
At the hearing, Counsel appearing on behalf of the Appellants only seeks a clarification that since the appeal is from an ad-interim order, all the rights and contentions of the parties in the Notice of Motion are kept open. This clarification has been sought only because the suit has been transferred to the City Civil Court. No other point has been pressed. Hence, we clarify that we are not interfering with the impugned order since it is an ad-interim order pending disposal of the motion. However, we clarify that the observations contained in the impugned order shall not come in the way of the disposal of the Notice of Motion on merits. The Learned Judge, it is needless
VBC 2/2 appl849.12-15.7
to add, will decide the Notice of Motion uninfluenced by any observation made at the ad-interim stage. Subject to the aforesaid, the appeal is dismissed.
( Dr.D.Y.Chandrachud, J.)
( S.C.Gupte, J. )
Praveen Nathmal Ramani & Anr.
Kiran Nathmal Ramani & Ors.
D.Y. Chandrachud
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
