The Court disposed of the appeal as not pressed. The Appeals Court clarified that prima facie observations made by the learned Single Judge were for limited ad-interim purposes and did not bind future proceedings if development work commences.
Appeal disposed of as not pressed; Notice of Motion No.745 of 2015 stood disposed.
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.
1 of 3 APP.242.2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.242 OF 2015 IN NOTICE OF MOTION NO.775 OF 2012 WITH NOTICE OF MOTION NO.745 OF 2015
Prabodh J. Kothari Appellant
versus Vikram J. Kothari and others Respondents
Mr.Vineet Naik, Senior Advocate, with Mr.A.K.Thakkar and Mr.D.Siroya i/by M/s.Thakkar & Co. for Appellant.
Mr.Darius Shroff, Senior Advocate, with Mr.Karan Shroff i/by M/s.Markant Gandhi for Respondents 1 and 2.
Ms.Nupur Desai i/by M/s.Markant Gandhi for Respondent no.3.
Mr.Snehal Shah with Mr.Nikhil Jani i/by Vigil Juris for Respondent nos.5 to 10.
Ms.J.N.Pandhi with Mrs.Purnima Avasthi for Respondent no.11.
CORAM : A.S.OKA AND P.D.NAIK, JJ.
DATE : 30th March 2016
PC :
2 of 3 APP.242.2015
learned Single Judge for grant of further ad-interim relief, if Respondent nos.5 to 10 commence the actual development work on the property. He expresses an apprehension that the prima facie findings recorded by the learned Single Judge in the impugned order may come in the way of the Appellant.
3 of 3 APP.242.2015
issue. We make it clear that in the event actual development work on the property is commenced by the Respondent nos.5 to 10, it will be open for the Appellant to move the learned Single Judge for grant of further ad-interim relief in terms of subSection 2 of Section 9A of the Code. All contentions of the parties in that behalf are kept open.
MST
1 issue framed by the court
Whether to allow the appeal when the appellant is not pressing it at this stage.
1 provisions across 1 enactments
Prabodh J. Kothari
Vikram J. Kothari
A.S.Oka
P.D.Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
