Dismissed

Seacrust Properties Pvt. Ltd. and Another v. Asiatic Properties Ltd. and 17 Others

Bombay HC5 Oct 2016APP/612/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay addressed the maintainability of Appeal (L) No. 352 of 2016. Counsel for respondents relied on Supreme Court and High Court judgments regarding Section 100A CPC. The court allowed the appellants to withdraw the appeal, dismissing it as withdrawn.

What did the court decide?

Permission to withdraw the appeal granted; appeal dismissed as withdrawn.

Seacrust Properties Pvt. Ltd. and Another Vs Asiatic… — Company and Corporate | Bombay HC (2016)

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4-app(l)- 352 of 2016

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dssherla

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 352 OF 2016

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COMPANY APPLICATION (ST.) NO. 33 OF 2016 IN COMPANY APPEAL NO. 51 OF 2015

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COMPANY APPLICATION NO. 17 OF 2006 IN COMPANY PETITION NO. 64 OF 2002

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Seacrust Properties Pvt. Ltd. and anr. .. Appellants V/s. Asiatic Properties Ltd. and ors. .. Respondents.

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Mr. Girish S. Godbole a/w. Mr. Karl Tamboly i/b Sangeeta Lanjewar for the Appellants.

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Mr. F.E. Devitre, Sr. Advocate with Ms Hemlata Jain, Raghav Gupta i/b M//s. Wadia Ghandy & Co. for Respondent Nos.2,3 and 4. Mr. Vikash Kumar i/b Anil T. Agarwal for Respondent Nos.5 to 7. Ms Lashika Bulchandani for Respondent Nos.8, 14 to 18.

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Mr. Iqbal Chagla, Sr. Advocate, Mr. Ameet Hariani, Mr. Aditya K., Mr. Sagar G, Mr. R.S. Bidkar, Ms Apurva G. i/b Hariani & Co. for Respondent Nos.9 and 10.

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Mr. Chirag Mody, Ms Manisha V., Ms Suvarana Ambre i/b Divya Shah Associates for Respondent No.13.

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CORAM: DR. MANJULA CHELLUR, C.J. AND M.S.SONAK, J.

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DATE : 05 OCTOBER 2016.

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P.C.

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1] At the time of admission, Mr. Chagla, learned senior advocate for respondent Nos.9 and 10 and Mr. F.E.Devitre, learned senior advocate for respondent Nos. 2 to 4 brought to our notice

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dssherla 2 4-app(l)- 352 of 2016

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the two judgments, i.e., decision of the Hon'ble Supreme Court in case of Kamal Kumar Dutta and anr. v. Ruby General Hospital Ltd. and ors.¹ and the decision of this Court in case of Bhenoy G. Dembla and anr. v. M/s. Prem Kutir P. Ltd.² respectively, with regard to maintainability of this appeal, in light of amendment of Section 100A of the Code of Civil Procedure with effect from 1 July 2002 which reads as under:

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“100A. No further appeal in certain cases. - Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie from the judgment and decree of such single Judge” .

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2] Learned counsel for the appellants, in light of above two judgments and the view expressed therein, seeks permission to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn.

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( CHIEF JUSTICE)

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(M.S.SONAK, J.)

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1 (2006)7 SCC 613

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2 2003 (4)Mh. L.J. 883

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Seacrust Properties Pvt. Ltd. and Another v. Asiatic Properties Ltd. and 17 Others

Case brief

What is this about?

What did the court decide?

Seacrust Properties Pvt. Ltd. and Another v. Asiatic Properties Ltd. and 17 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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