This appeal challenges an order refusing to vacate interim orders. With witnesses examined and lack of stay, the High Court held that interim observations will not hinder the final decision on merits, and disposed of the appeal and notice of motion. The suit remains pending.
None regarding interim orders; suit to be decided on merits.
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YBG
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prod-os-502-app-677-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.677 OF 2014 IN
NOTICE OF MOTION NO.3429 OF 2010
IN
SUIT NO.3637 OF 1999
Mrs. Anita Fernandes & Anr. .. Appellants - Versus - Mrs. Sonya Chickhalikar & Anr. .. Respondents
Mr. Chirag Mody with Mr. Nilesh Tated and Mani Thovan i/b. Mahesh Menon & Co. for appellants
Ms. Bharti Narichania i/b. Vibha Jurisconsult Co. for respondent Nos. 1 and 2.
| CORAM | : | SHANTANU S. KEMKAR & |
|---|---|---|
| M.S.SONAK, JJ. | ||
| DATE | : | 20thJune 2017. |
P.C.
1] The challenge in this appeal is to the order dated 30th October
2014, passed by the learned Single Judge in Notice of Motion
No.3429 of 2010 filed in Suit No.3637 of 1999. While deciding the
said notice of motion, the learned Single Judge has declined the
defendants the prayer for vacating and setting aside the ad-interim and interim orders dated 8th October 2001 and 6th November 2003.
YBG
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prod-os-502-app-677-14
2] It is not in dispute that in the absence of there being any stay of the proceedings in the suit, four witnesses have already been examined. In view of the aforesaid, as agrred to by the learned Counsel for parties, we are disposing of this appeal by observing that any observations made by the learned Single Judge while deciding the Notice of Motion No.3429 of 2010 and the observations made while passing the orders dated 8th October 2001 and 6th November 2003 shall not come in the way of the defendants, while deciding the suit and the suit shall be decided on its own merits and in accordance with law. The appeal and Notice of Motion No.3429
of 2010 both are disposed of accordingly.
(M.S.SONAK, J) (SHANTANU S. KEMKAR, J)
Mrs. Anita Fernandes & Anr.
Mrs. Sonya Chickhalikar & Anr.
Shantanu S. Kemkar
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
