Dismissed

Kirit Hathsingh Mody and Ors. v. Ashok Appasaheb Desai and Anr.

Bombay HC6 Feb 2020WP/2442/2017

Case brief

AI extract

What is this about?

The petitioner sought dismissal of a writ petition challenging an order of the Co-operative Appellate Court which confirmed an order dismissing a dispute. The High Court observed that the dispute could not be stayed as it involved disputed questions and the matter involved no merit. The Writ Petition was therefore dismissed with no order as to costs.

What did the court decide?

Petitioner's Writ Petition dismissed with no order as to costs.

Kirit Hathsingh Mody and Ors. Vs Ashok Appasaheb Desai and Anr. — Bombay HC (2020) — LawSathi Research

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 18-wp-2442-17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2442 OF 2017

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Kirit Hathsingh Mody & Ors...Petitioners
 Vs.
Ashok Appasaheb Desai & Anr...Respondents

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Mr. K. H. Mody, Petitioner in person and Respondent No.1 in WP
No.10947/2015.

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Mr. G. V. Pandya, Advocate for Respondent No.1 and for petitioner in
WP No.10947/2015.

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Ms. V. S. Nimbalkar, AGP for Respondent / State.

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CORAM : C.V. BHADANG, J. DATE : 06^th FEBRUARY, 2020

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P.C.

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. I have heard the petitioner No.1 in person.

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2.The challenge in this petition, is to the order dated
17/12/2016 passed by the Co-operative Appellate Court at Mumbai
in Appeal No.60/2014. By the impugned judgment and order, the
Co-operative Appellate Court while dismissing the appeal has
confirmed the order dated 5/5/2016 passed by the Co-operative
Court below Exh.38 filed by the petitioner, for dismissal and stay of
the dispute No.CC/IV/01/2014.

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3.The petitioner No.1 in person states that the dispute has
become infructuous and therefore, it needs to be dismissed.

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Mamta Kale

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 2/2 18-wp-2442-17

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4.A perusal of the impugned order passed by the Co-operative
Court which has been confirmed by the Co-operative Appellate
Court shows that the Courts below have found that the dispute
cannot be stayed pending disposal of the revision application before
the learned Minister. In any event, the revision application itself has
now been disposed of on 24/7/2015. The Co-operative Court has
also found that the matter involves disputed questions, and the
dispute cannot be stayed and/or dismissed on the basis of a
preliminary objection. Thus, no exception can be taken to the
impugned order.

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5. The petition is without any merit and is accordingly dismissed, with no order as to costs.

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C.V. BHADANG, J.

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Mamta Kale

Kirit Hathsingh Mody and Ors. v. Ashok Appasaheb Desai and Anr.

Case brief

What is this about?

What did the court decide?

Kirit Hathsingh Mody and Ors. v. Ashok Appasaheb Desai and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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