Application sought recall of order dismissing a notice of motion for default and restoration of status quo order. Court allowed application, referencing related contempt petition for other contentions.
Notice of Motion allowed in terms of prayer clause to recall order and restore status quo subject to terms to be specified.
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 / 2 16.NMCD1982.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1982 OF 2019
IN
NOTICE OF MOTION NO.269 OF 2018
IN
COMMERCIAL SUIT NO.183 OF 2018
M/s.Pan Club Hotels Pvt. Ltd.)….Applicant/plaintiff
V/s.
Aboobarke Kitabulla Khan & Ors.)....Defendants
Mr.Siddharth Samantaray i/by Ms.Sweta Valecha for
applicant/plaintiff.
Mr.A.S.Khandeparkar i/by Prerak Sharma for defendants.
---- CORAM :K.R.SHRIRAM,J DATE : 20.8.2019
P.C.:-
1. This is an application for recalling the order dated 5.7.2019
dismissing the Notice of Motion No.269 of 2018 and to restore status-
quo order passed on 19.3.2019. No affidavit-in-reply has been filed.
Mr.Khandeparkar for defendants states that on 13.7.2019 since the
Notice of Motion came to be dismissed, defendants have entered into
an agreement with My Preferred Transformation & Hospitality Pvt.
Ltd., (OYO rooms).
KJ
2 / 2
16.NMCD1982.19.doc
2.Mr.Khandeparkar submits that the Court may restore the
Notice of Motion and also restore the status-quo order subject to this
information being brought to the notice of the Court i.e., agreement
dated 13.7.2019 has been entered into.
3.Mr.Samantaray states that plaintiff has already filed a
contempt petition against defendants and these points can be
considered in the contempt petition.
4.Keeping open all rights and contentions of parties to be
raised in the contempt petition, Notice of Motion is allowed in terms
of prayer clause-(a) which reads as under :-
“(a) That this Hon’ble Court be pleased to recall and set
aside the order dated 05th July 2019 dismissing the
captioned Notice of Motion no.269 of 2018 for default
of appearance and restore status quo Order passed on
19th March 2019 by this Hon’ble Court on such terms as
this Honorable court may deem fit and proper.”
(K.R.SHRIRAM,J)
KJ
M/s. Pan Club Hotels Pvt. Ltd.
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court