Disposed

The Loot India Pvt. Ltd. v. Houseful Internationla Ltd.

Bombay HC20 Aug 2018APP/370/2018

Case brief

AI extract

What is this about?

The Bombay High Court accepted the appellant's request to withdraw the appeal. The appeal is disposed of as withdrawn with liberty to file an appropriate proceeding for clarification of the impugned order, keeping all merit contentions open.

What did the court decide?

Acceptance of request to withdraw appeal with liberty to file appropriate proceeding for clarification; merit contentions kept open.

The Loot India Pvt. Ltd. Vs Houseful… — Civil Procedure and Limitation | Bombay HC (2018)

osappl236.doc

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

¶5

 APPEAL (L)NO.236 OF 2018 IN
 COMPANY PETITION NO.930 OF 2015

¶6

The Loot India Pvt. Ltd. ...Appellant
vs.

¶7

Houseful International Ltd. ...Respondent

¶8

Mr.Subhash Jha a/w Ms Sanjana Pardeshi I/b Law
Global Advocates for the appellant
Mr.Cyrus Ardeshir a/w Mr.Chetan R. Shah I/b
Mr.Rakesh Agrawal for the respondent

¶9

Digitally signed by Shubhashri Shubhashri Shridhar Shridhar Pathak Pathak Date: 2018.08.27 17:16:03 +0530

¶10

CORAM : A.S.OKA, &
 M.S.SONAK,JJ.
 DATE : AUGUST 20, 2018

¶11

P.C.:

¶12

1Considering the orders passed by the Division
Bench of this Court after the order dated 22nd June
2018 was passed by the Prothonotary and Senior
Master, this Appeal will have to be treated as
pending. We clarify that the order passed by the
Prothonotary and Senior Master has not become
operative.

¶13

2The learned counsel appearing for the appellant
tried to make certain submissions about the legality
of notice dated 26th May 2014 which is referred in
paragraphs 9 and 10 of the impugned order. However,
we find that the argument which is sought to be
canvassed is neither reflected nor noted in the
impugned order. Faced with this difficulty, the

¶14

2 osappl236.doc

¶15

learned counsel for the appellant seeks leave to
withdraw this appeal with liberty to file
appropriate proceedings before the learned Single
Judge. He states that if a necessary clarification
is issued by the learned Single Judge, a liberty may
be granted to prefer a fresh appeal for challenging
the impugned order.

¶16

3We accept the said request. Accordingly, we
dispose of the appeal as withdrawn with liberty to
file an appropriate proceeding seeking clarification
of the impugned order. If appropriate clarification
is issued, it will be always open for the appellant
to file a fresh appeal for challenging the impugned
order. All contentions on merits are kept open.

¶17

(M.S.SONAK,J.) (A.S.OKA,J.)

The Loot India Pvt. Ltd. v. Houseful Internationla Ltd.

Case brief

What is this about?

What did the court decide?

The Loot India Pvt. Ltd. v. Houseful Internationla Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kalyan Toll Highway Pvt. Ltd. Vs the State of Maharashtra through the Chief Secretary and Ors.

Byculla House Premises Co-Operative Society Limited Vs the Municipal Corporation of Gr Mumbai and 6 Ors.

Kaushalya Atmaram Shinde and 399 Ors. Vs Slum Rehablitation Authority and 2 Ors.

Rustom N. Nanavaty and Anr. Vs Manek Dara Sukhadwala

Prashant Ratnakar Khadilkar Vs Shri Rakesh Vasant Salunke and Ors.

The State of Maharashtra through the Principal Secretary and Anr. Vs Shri Vivek Chandrashekhar Byale, Jule, Solapur