Dismissed

M/S. Tvs Finance and Services Ltd. and Ors. v. M. v Subramaniyam and Ors.

Bombay HC2 Jul 2014WP/8730/2013

Case brief

AI extract

What is this about?

In this civil writ petition, the High Court set aside orders from the Civil Judge and District Court. The Court framed a preliminary issue under CPC Section 9A regarding the bar of limitation. It restored an interim application and allowed proceedings to continue pending revenue mutation audits.

What did the court decide?

Orders of Civil Judge and District Court set aside; preliminary issue framed under Section 9A CPC; interim application restored; injunction to operate for four weeks if suit is barred by limitation.

M/S. Tvs Finance and Services Ltd. and Ors. Vs M. v… — Property and Title | Bombay HC (2014)

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906-WP-8730-2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.8730 OF 2013

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M/S.TVS FINANCE & SERVICES LTD.&ORS. )...PETITIONERS

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V/s.

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M.V.SUBRAMANIYAM & ORS. )...RESPONDENTS

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Mr.Dinyar Madan, Senior Counsel, Mr.Rohan Rajyadaksha, Mr.Darshan Mehta, Ms.Faiza Dhanani i/b. M/s.Dhruv Liladhar & Co., Advocate for the Petitioners.

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Mr.N.V.Walawalkar, Senior Counsel, i/b. Mr.Suresh Sabrad, Advocate for Respondent No.1.

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CORAM: SMT.R.P.SONDURBALDOTA, J.

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DATE : 2^nd JULY, 2014.

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P.C. :

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1 The petitioners are defendants nos.1 to 6 to Civil Suit

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No.287 of 2010, filed in the court of Civil Judge, Senior Division,

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Panvel. Respondent no.1 is the original plaintiff. The other respondents are original defendants nos.7 to 12. Since

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906-WP-8730-2013

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respondent no.1 is the only contesting party, who has appeared on caveat, the petition is being disposed of by consent of the petitioners and respondent no.1 with the following order.

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2 The orders dated 5^th March, 2013, passed by Civil Judge, Senior Division, and dated 7^th August, 2013, passed by the District court, Raigad, Alibaug, in Miscellaneous Civil Appeal No.23 of 2013, are set aside. The following issue as a preliminary issue is framed under Section 9A of Code of Civil Procedure (CPC),

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“Whether the suit is barred by the Law of Limitation ?”

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The trial court shall decide the issue after giving opportunity to both the sides for leading evidence, if they so desire. The interim application by respondent no.1 made in the suit at Exhibit 5 is restored to file. The injunction in terms of paragraphs 3, 4 and 5 of the operative part of the order dated 7^th August, 2013, passed by the District Judge-1, Raigad, Alibaug, shall operate as adinterim order pending the hearing of the preliminary issue, and also, pending hearing of the interim application at Exhibit 5. In

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906-WP-8730-2013

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the event the trial court holds that the suit is barred by Law of Limitation, the ad-interim injunction shall continue for a period of Four (4) Weeks, from the date of the order on the preliminary issue.

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3 Both the counsel inform the court that there are proceedings pending before the Revenue Authorities relating to mutation of the revenue records. The petitioners are at liberty to proceed to prosecute the proceedings. Respondent no.1 is at liberty to contest the proceedings.

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(SMT.R.P.SONDURBALDOTA, J.)

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M/S. Tvs Finance and Services Ltd. and Ors. v. M. v Subramaniyam and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Tvs Finance and Services Ltd. and Ors. v. M. v Subramaniyam and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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