Disposed

Sanjeev Sachdeva Prop. M/S. Pks Entertainment v. Rana Bhatia Prop. Infinity Ventures

Bombay HC17 Dec 2018CAA/40/2019

Case brief

AI extract

What is this about?

This appeal challenged an ad-interim order by the trial court granting relief. The High Court held that since the Notice of Motion and reply were pending before the trial court, no adjudication was required. The appeal was disposed of by directing the trial court to decide the notice expeditiously by February 2019.

What did the court decide?

Directed the trial Court to decide the Notice of Motion by February 2019 expeditiously and on merits.

Sanjeev Sachdeva Prop. M/S. Pks Entertainment… — Civil Procedure and Limitation | Bombay HC (2018)

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27-AOST-20043-18

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER ST. NO.20043 OF 2018 WITH CIVIL APPLICATION ST. NO.20044 OF 2018

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Sanjeev Sachdeva Prop. M/s RKS Entertainment

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-vs-

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Rana Bhatia, Prop. Infinity Ventures

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----------------------------------------------------------------------------------------------------------------------------------Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Shri Surel S. Shah, Advocate, Ms Jyoti Ghag, Advocate with Shri Ganesh, Advocate for appellant. Shri Sunil Shukla, Advocate for respondent.

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CORAM : A.S.CHANDURKAR, J. DATE : December 17, 2018

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The order challenged in this appeal is an ad-interim order dated 21/06/2018 whereby the trial Court has granted ad-interim relief in terms of prayer clauses (a) and (c ) of the draft Notice of Motion.

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The learned counsel for the appellant has made various submissions including the submission that the trial Court did not have jurisdiction to entertain the suit in the light of reliefs as sought. For said purpose he relied upon the decision in Saregama India Limited vs. Mahal Pictures Pvt. Ltd. 2012(7) ALLMR 254. Further relying upon the decision in Gainda Ram and ors. vs. M.C.D. Town Hall and ors. (1993) 3 SCC 178 it is submitted that even at the interim stage the aspect of absence of jurisdiction ought to be considered.

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After hearing the learned counsel for sometime it is found that the appellant has filed his reply to the aforesaid Notice of Motion before the trial Court. Any adjudication by this Court at the ad-interim stage is not called for as the

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27-AOST-20043-18

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Notice of Motion is pending before the trial Court. Interests of justice would be served by directing the trial Court to decide the said notice of motion expeditiously. Accordingly this appeal from order is disposed of by passing the following order :

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The trial Court shall decide this Notice of Motion along with other Notice of Motions by the end of February 2019 on their own merits and by considering the contentions as raised. All contentions of the parties are kept open. Mere fact that the trial Court has passed an ad-interim order on 21/06/2018 shall not weigh with the trial Court.

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Appeal from Order and Civil Application are disposed of in aforesaid terms.

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(A.S.CHANDURKAR, J.)

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Asmita

Sanjeev Sachdeva Prop. M/S. Pks Entertainment v. Rana Bhatia Prop. Infinity Ventures

Case brief

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What did the court decide?

Sanjeev Sachdeva Prop. M/S. Pks Entertainment v. Rana Bhatia Prop. Infinity Ventures

Case brief

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What did the court decide?

What the court decided

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