Disposed

Silver Utopia Premises Co-Operative Society Ltd. v. Prestige Properties

Bombay HC24 Feb 2022IA/703/2022

Case brief

AI extract

What is this about?

Appeal from an order rejecting an interim relief application in a suit. The High Court directed the trial court to decide the underlying Notice of Motion on merits expeditiously after affording an opportunity to both parties, as the original dismissal was based on a brief prima facie observation before the reply was filed. Both the appeal and the interim application were disposed of by this direct

What did the court decide?

The trial court was directed to dispose of the Notice of Motion on merits within two weeks after affording an opportunity to both parties.

Silver Utopia Premises Co-Operative Society… — Civil Procedure and Limitation | Bombay HC (2022)

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24-AO-130-2022.DOC

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Digitally signed by TRUPTI TRUPTI SADANAND SADANAND BAMNE BAMNE Date: 2022.02.24 23:44:58 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO. 130 OF 2022 WITH INTERIM APPLICATION NO. 703 OF 2022 IN APPEAL FROM ORDER NO. 130 OF 2022

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Silver Utopia Premises Co-operative Society Ltd. & Anr.

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...Appellants

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Versus

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Prestige Properties & Ors. ...Respondents

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Mr.P.K.Dhakephalkar, Senior Counsel a/w. Mr.Ashwin Bhadang, Ms.Federal M. Federal and Mr. Devarsh Saraf i/b. Federal and Co. for the Appellants.

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Mr. P.S. Dani, Senior Counsel a/w. Mr. Aman Kacheria and Smt. Sourabhi Waknis i/b. Aagam Doshi for Respondent Nos. 2 and 4 to 6.

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Mr.Yash Nomaya a/w. Mrs. Reshim Daulat, Ms.Geetanjali Joshi and Mr. Ayush Khandelwal i/b. TRD Associates for Respondent No.3.

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CORAM: V.G.BISHT, J. DATE: 24^th February, 2022

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PC:-

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Heard learned senior counsel for the appellants,

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learned senior counsel for respondent Nos. 2 and 4 to 6

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and learned counsel for respondent No.3.

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Perused the impugned order dated 28^th January,

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2022 passed by learned Judge, City Civil & Sessions Court,

Trupti

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24-AO-130-2022.DOC

Greater Mumbai in Draft Notice of Motion in Suit Stamp No. 830 of 2022. It is seen from the said order that the ad-interim relief sought by the appellants/plaintifs in Draft Notice of Motion in Suit Stamp No. 830 of 2022 came to be rejected on two grounds. Firstly, the defendants had not fled their reply to the Notice of Motion and that no prima facie case was made out by the plaitnifs.

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As far as observation of the learned Judge as to prima facie is concerned, the same is nothing but a cryptic observation without specifying how and in what manner the plaintifs were not able to make out a prima facie case.

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Be that as it may, on being made an enquiry with learned senior counsel for respondent Nos. 2 and 4 to 6 and learned counsel for respondent No.3, the Court is informed that the Notice of Motion is schedule to come before the trial Court on 28^th February, 2022 and the defendants would be fling their reply to the Notice of Motion on that day. Statement accepted.

Trupti

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24-AO-130-2022.DOC

In view of above, learned trial Judge is requested to dispose of the Notice of Motion in question after afording an opportunity to both the parties and on merits expeditiously and preferably within two weeks from the date of receipt of this order.

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In view of above, Appeal from order stands disposed of.

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Interim application stands disposed of accordingly.

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Parties to act upon an authenticated copy of this

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order.

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Trupti

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Silver Utopia Premises Co-Operative Society Ltd. v. Prestige Properties

Case brief

What is this about?

What did the court decide?

Silver Utopia Premises Co-Operative Society Ltd. v. Prestige Properties

Case brief

What is this about?

What did the court decide?

What the court decided

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