The High Court of Bombay rejected a civil application for additional reliefs, holding that applicants cannot seek new reliefs in a new application if the same matter was already disposed of in a previously disposed appeal.
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.
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CAA59.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 59 OF 2015 IN APPEAL FROM ORDER (ST) NO. 897 OF 2015
Viren Shah & ors.
… Applicants
v/s
National Sports Club of India & ors.
… Respondents
Mr.Vaibhav Krishna i/by Juris Concillis for the applicants.
Mr.J.P.Sen, Senior Advocate along with Mr.Onkar Chandurkar, Mr.D.J. Kakalia, Mrs.Bhavna Singh, Mr.Paresh Patkar and Mr.Vaibhav Sharma i/by Mulla & Mulla for the respondents.
CORAM: K.K.TATED, J.
DATED : 21 JANUARY 2015
P.C.:
Not on board. At the request of advocate Mr.Vaibhav Krishna appearing for the applicants, civil application is taken on board for urgent orders.
2 This civil application is preferred by the original plaintiffs in disposed of Appeal from Order (ST) No.897 of 2015. The said Appeal from Order was disposed of by Minutes of Order dated 15 January 2015.
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CAA59.15.doc
( K.K.TATED, J.)
3 issues framed by the court
Whether an applicant can seek additional reliefs in a new civil application when the same matter has been disposed of in a previously disposed appeal.
Whether the present civil application should be allowed given that it pertains to the relief already considered in the earlier appeal.
Whether the civil application stands rejected on the ground that no additional reliefs can be sought in a disposed appeal.
Viren Shah
National Sports Club of India
K.K.Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
