This Court remanded the appeal back to the learned Single Judge by consent to facilitate the parties in raising appropriate issues before them. The Bench expressed no opinion on merits and expressly kept all contentions open for the lower court to decide.
Appeal remanded to the Single Judge; Notice of Motion disposed of.
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
16appl364-18
pvr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (lodg)NO.364 OF 2018 IN COURT RECEIVER'S REPORT NO.66 OF 2018 IN CHAMBER SUMMONS NO.866 OF 2012 IN EXECUTION APPLICATION (L) NO.1207 OF 2011
Prime Focus Ltd.
Versus 1.Yash Tejpal Shah & Ors.
...Appellant
with NOTICE OF MOTION (LODG) NO.818 OF 2018
Mr.Arif Bookwalla, Senior Advocate with Mr.Tushar Bhavsar I/b. Jayant S.Gaikwad, for the Appellant.
Mr.Rajiv Narula for the Respondent.
Mr.D.R.Shetty, Court Receiver present.
Mr.Sanjay Kadam with Ms.Apeksha Sharma, Mr.Sanjel Kadam, Ms.Sayli Rajpurkar I/b. Kadam & Co., for Respondent No.8.
Mr.Shriniket Deshpande I/b. Naik Naik & Co., for Respondent No.9.
CORAM : NARESH H. PATIL, ACTING CJ & G.S. KULKARNI, J. DATE : 13th August, 2018 ---
P.C.:
appellant will not part with or create third party interest in respect of
the negatives, prints of the film which are subject matter of the appeal.
2
16appl364-18
pvr
during the course of hearing. It is submitted that the issues in respect of the limitation and lien were not specifically raised before the learned Single Judge and raised for the first time before this Court. The parties need to be given an opportunity to raise the issues before the learned Single Judge in respect of the subject issues.
Prashant Vilas Rane
Digitally signed by Prashant Vilas Rane Date: 2018.08.16 17:03:17 +0530
motion does not survive. It is accordingly disposed of.
G.S. KULKARNI, J. ACTING CHIEF JUSTICE
2 issues framed by the court
Whether new issues regarding limitation and lien can be raised in this appeal.
Whether the matter should be remanded to the Single Judge for appropriate formulation of issues.
Prime Focus Ltd.
Yash Tejpal Shah & Ors.
Naresh H. Patil
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
