This is a Notice of Motion and Appeal challenging a Single Judge's order declining urgent circulation of a Chamber Summons. The court held the order was interlocutory and not a judgment under the Letters Patent. The appeals were dismissed as non-maintainable.
Notice of Motion and Appeal dismissed as non-maintainable.
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.
k
1/2
pro 903 nmal 2013.16 in appl 251.16 os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO.2013 OF 2016 IN APPEAL (L) NO.251 OF 2016 WITH APPEAL NO.251 OF 2016
Shree Sai Shraddha Mandal & Ors. ….. Applicants IN THE MATTER BETWEEN Shree Sai Shraddha Mandal & Ors. ….. Appellants V/s Mr. Pankaj Ranjit Singh Kapadia & Ors. ….. Petitioner And Mr. Sachin Ravindra Rahate & Anr. ….. Contemnors
None for the Applicants/Appellants.
CORAM : A.S. OKA & A.A. SAYED, JJ. DATED : 14 JULY 2016
ORDER:
2 Papers have been produced at the instance of the learned Advocate for the Applicants/Appellants. Though the matter was called out on two occasions after 4.30 p.m., none appears for the Applicants/Appellants. We have perused the Memorandum of Appeal.
1/2
k
2/2
pro 903 nmal 2013.16 in appl 251.16 os.doc
The only order under challenge is the order by which learned Single Judge has declined to grant urgent circulation of the Chamber Summons (L) No.1529 of 2016. Such order is not a judgment within the meaning of the Letters Patent. Hence, the Appeal is not maintainable. Accordingly, the Notice of Motion and the Appeal are dismissed as non-maintainable.
(A.A. SAYED, J.) (A.S. OKA, J.)
katkam
2/2
2 issues framed by the court
Whether an appellate court can grant relief against an order dismissing an application for urgent circulation of an interlocutory summons?
Whether a Single Judge declining to grant urgent circulation of a Chamber Summons is a judgment maintainable under the Letters Patent?
Shree Sai Shraddha Mandal & Ors.
Mr. Pankaj Ranjit Singh Kapadia & Ors.
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
