This single-paragraph order dismissed a Notice of Motion taken out by respondents to challenge a suit as withdrawn, permitting them to raise the dispute at the hearing of the main suit.
Notice of Motion dismissed as withdrawn; respondents permitted to raise issue at suit hearing.
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.
nms 668-2010.doc
1/1
sat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 668 OF 2010 IN SUIT NO. 3064 OF 2009
Lalit Construction Co. & Anr. …Plaintiffs vs.
Lala Tulsiram Agarwal Memorial Charitable Trust & Ors. ...Defendants
Mr.Shreepad Murthy for Plaintiffs. Ms.Arya Ambre i/b. M/s.L.C. Tolat & Co. for Defendant Nos.1 to 4.
CORAM : S.C. GUPTE, J.
11 AUGUST 2014
P.C. :
The present Notice of Motion is taken out by Defendant Nos.1 to 4 praying for dismissal of the suit. The Notice of Motion is on the footing that the Power of Attorney executed by Defendant Nos.1 and 2 in favour of the Plaintiffs has been revoked and that the Plaintiffs have not challenged the Deed of Revocation executed in that behalf by Defendant Nos.1 and 2.
Learned Counsel for Defendant Nos.1 to 4 seeks leave to withdraw the Notice of Motion and submits that her clients will agitate this issue at the hearing of the suit.
The Notice of Motion is dismissed as withdrawn. Defendant Nos.1 to 4 may agitate the issue raised in the present Notice of Motion at the hearing of the suit.
Lalit Construction Co. & Anr.
Lala Tulsiram Agarwal Memorial Charitable Trust & Ors.
S.C. GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
