This is a procedural order in a writ petition challenging findings in an interim order. The court held no useful purpose is served by evaluating the impugned order at this stage as it contained only prima facie findings for interim relief. The petition is disposed of without evaluation of the impugned order.
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.
Dinesh Sherla
14-wp-3882-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3882 OF 2017
M/s. Victory Infra .. Petitioner vs. Shalik Chander Patil and ors. .. Respondents
Mr. Akhilesh Dubey, Mr. Samir Singh, Ms Poonam Sharma i/b Law Counsellors for the Petitioner.
Ms Vaishali Nimbalkar, AGP for the Respondent – State.
CORAM : M. S. SONAK, J. DATE : 06 NOVEMBER 2017.
P.C. :-
1] Learned counsel for the petitioner fairly points out that Civil Appeal No. 156 of 2015 pending before the District Judge, Raigad, Alibag is ripe for final hearing.
2] Since the challenge in the present petition was to the order dated 10th March 2016, to the extent, it recorded certain findings against the petitioner whilst granting the petitioner interim relief pending the appeal, no useful purpose would be served by evaluating the impugned order, at this stage. However, it is clarified that the findings or observations in the impugned order dated 10th March 2016 are only prima facie and for the purpose of deciding the issue of interim relief pending the appeal. Accordingly, the Appeal
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Dinesh Sherla
14-wp-3882-17
Court whilst finally disposing of Civil Appeal No. 156 of 2015 need not be influenced by such findings or observations and the appeal
has to be disposed of on its own merits and in accordance with law.
(M. S. SONAK, J.)
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M/s. Victory Infra
Shalik Chander Patil and ors.
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
