This notice of motion regarding Suit No. 1944 of 2008 was found to have been wrongly decided because the underlying motion was previously withdrawn in 2013. The court recalled a new order passed in March 2021.
Recalled and set aside the order passed on 30 March 2021.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 2515 OF 2008
IN
SUIT NO. 1944 OF 2008
Dhimant Balabhai Desai
...Plaintiff
vs.
Makrand Balabhai Desai & Ors.
...Defendants
Mr.Ravi D. Talreja with Lajri Panchal i/b. Sunil R. Rawal for
Plaintiff/Applicant.
Mr.Bhavin H. Gada with Vaishali Sharma i/b. Harakchand & Co. for
Defendant Nos.1 and 2.
CORAM : S.C. GUPTE, J.
DATE : 3 MAY 2021
P.C. :
Learned Counsel for the Plaintiff as well as Defendant Nos.1
and 2 inform the court that this motion was already disposed of as
withdrawn on 3 October 2013. The withdrawal order was passed by the
City Civil Court at Bombay, to which the suit was transferred on account of
enhancement of its pecuniary jurisdiction.
2When the matter was argued last before this court and when
the motion was disposed of by passing the order on 30 March 2021,
learned Counsel for the Applicant/Plaintiff, who alone was present for the
hearing of the motion, could not point out this fact, since the instructing
advocate was out of the country for the last two months and for want of
proper instructions on his part to the arguing counsel.
3Since it is, however, accepted by both contesting parties that
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the motion was already disposed of as withdrawn on 3 October 2013, the
order passed by this court on 30 March 2021 is recalled and set aside.
(S.C. GUPTE, J.)
2 / 2
Dhimant Balabhai Desai
Makrand Balabhai Desai & Ors.
S.C. GUPTE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court