Allowed

Asset Investment Services and 2 Ors. v. Sukhvinder Jarnail Singh and Anr.

Bombay HC6 Aug 2015APP/436/2015

Case brief

AI extract

What is this about?

Appeal against rejection of ad-interim relief. Court held it cannot grant interim relief as the Single Judge had already refused it based on prima facie fabrication. Bench directed the Single Judge to decide the motion expeditiously without being influenced by earlier observations.

What did the court decide?

High Court directed Learned Single Judge to decide Notice of Motion expeditiously without being influenced by prior observations.

Asset Investment Services and 2 Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2015)

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( NMAL 2000 of 2015)

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vat

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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APPEAL (L) No. 574 OF 2015 WITH NOTICE OF MOTION (L) No. 2000 OF 2015

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FROM NOTICE OF MOTION (L) No. 1339 OF 2015 IN SUIT (L) No. 465 OF 2015

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M/s. Asset Investment Services ….Appellants (Org. Plaintiffs)

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Vs.

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Mr.Sukhvinder Jarnail Singh ….Respondent

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Mr.Atul Damle, Senior Counsel a/w. Mr.Hemant Ghadigaonkar for Appellants

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Mr.T. Antony Koshy for Respondent

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CORAM : V. M. KANADE & B.P COLABAWALLA, J.J.

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DATE : AUGUST 6, 2015

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P.C. :

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Heard Shri Damle, learned senior counsel appearing on behalf of the Appellants and the learned counsel for the Respondent.

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The Appellants are challenging the order passed by the Learned Single Judge dated 15^th July, 2015 whereby the Learned Single Judge was pleased to reject to grant ad-interim relief.

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We have perused the impugned order. The Learned Single Judge has observed that the prima facie the Appellants had appeared before the Court by relying certain fabricated documents.

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In our view, since the Appellants have already approached before the Learned Single Judge by filing an application for ad-interim relief and the same was rejected, hence, at this stage, it will not be possible for this Court to grant any interim relief. Hence, we direct the Learned Single Judge to decide the Notice of Motion (L) No. 1339 of 2009 expeditiously. Respondent to file a reply within two weeks. Needless to mention here that the observations made by the Learned Single Judge while refusing to grant the ad-interim relief are obviously a prima facie view and the Learned Single Judge, shall not be influenced by the above observations while deciding the motion. Hence Appeal is disposed of. Notice of Motion (L) No. 2000 of 2015 also does not survive and is accordingly disposed of.

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[B.P COLABAWALLA, J.] [ V. M. KANADE, J.]

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Vaishali Tikam

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Asset Investment Services and 2 Ors. v. Sukhvinder Jarnail Singh and Anr.

Case brief

What is this about?

What did the court decide?

Asset Investment Services and 2 Ors. v. Sukhvinder Jarnail Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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