A chamber summons seeking orders against the Court Receiver was dismissed as it did not survive after the applicant filed a substantive interlocutory proceeding (Notice of Motion) seeking the identical reliefs and submitting on the involved issues.
The chamber summons was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
chs 543-2012.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 543 OF 2012 IN SUIT NO. 2868 OF 2009
Dwarkadas alias Dwarkesh Gangadas Panchmatia …Plaintiff / Applicant vs. Lakhani Industries Ltd. & Ors. ...Defendants
Mr.Rajiv Narula with Mr.Tejas Vora i/b. Mr.G.K. Vora and D.R. Mishra for Plaintiff. Mr.Rahul Chitnis with Mr.Nikhil Rajani i/b. M/s.V.Deshpande & Co. for Defendant Nos.1 to 4.
Mr.Prantik Majumdar i/b. M/s.M.P. Savla & Co. for Defendant No.6. Mr.A.D. Kamble, Master (Adm.), Court Receiver, High Court, Bombay, present.
CORAM : S.C. GUPTE, J.
11 AUGUST 2014
P.C. :
This Chamber Summons seeks certain orders against the Court Receiver already appointed in the present suit. Having regard to the fact that the Plaintiff has since taken out a substantive interlocutory proceeding, namely, Notice of Motion No.32/2013, seeking the very same reliefs, as claimed in the Chamber Summons, and has made submissions on the said Notice of Motion and invited orders on the issues involved commonly in this Chamber Summons and that Notice of Motion, this Chamber Summons does not survive and is dismissed with no order as to costs.
(S.C. Gupte, J.)
1 issue framed by the court
Whether a chamber summons survives when the same relief is sought in a subsequent interlocutory proceeding.
Dwarkadas alias Dwarkesh Gangadas Panchmatia
Lakhani Industries Ltd. & Ors.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
