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Zainab Rafiullah Shaikh Vs Sukharaj Labh Singh — Writ and Judicial Review | Bombay HC (2023)

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Bombay HC
2023
Zainab Rafiullah Shaikh Vs Sukharaj Labh SinghZainab Rafiullah Shaikh v. Sukharaj Labh Singh

Disposed

Zainab Rafiullah Shaikh v. Sukharaj Labh Singh

Bombay HC8 Aug 2023APP/111/2023

Case brief

from the order text

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IN THE

What the court decided

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Outcome

A

Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2023.10.05 19:38:14 +0530

1 902-APP-113-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO. 113 OF 2023

IN

COURT RECEIVER REPORT NO. 162 OF 2021

IN

SUIT NO. 695 OF 2012

Zainab Rafiullah Shaikh … Appellant

(Org. Defendant No.3)

V/s.

Labh Singh Daya Singh & Ors.. … Respondents (Resp.No.1-Original Plaintiff) (Resp. Nos.2 and 3- Original Defendant Nos.1 and 2)

WITH

Parties & counsel

AI extract

appellant
Zainab Rafiullah Shaikh
respondent
Labh Singh Daya Singh & Ors

Coram

AI extract

DEVENDRA KUMAR UPADHYAYA

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 8 Aug 2023 · August
Registered: 23 Aug 2023
Case no.: APP/111/2023

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Cite this judgement

Zainab Rafiullah Shaikh v. Sukharaj Labh Singh, APP/111/2023 (BOM), decided on 8 August 2023.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

DEVENDRA KUMAR UPADHYAYA and ARIF S. DOCTOR

Parties & counsel

Disposed

A compact analysis

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.

INTERIM APPLICATION NO. 3033 OF 2023

IN

APPEAL NO. 113 OF 2023

WITH

APPEAL (L) NO. 19948 OF 2023 (NOB)

Mr. Ankit Lohia a/w Ms. Sneha Phene i/by Mr. Pramod Tambe for Appellant.

Mr. Mayur Khandeparkar, Mr. Vikramjit Garewal a/w Mr. Umesh Tawari, Ms. Siddhi Deolekar, Mr. Rhythm Rathod i/by Rashmi Pendse for Respondent No.1.

1 of 4

Shubham

2 902-APP-113-2023.doc

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J. DATED : 5^th OCTOBER, 2023.

P.C. :

The present Appeal was mentioned yesterday and urgent circulation was granted, pursuant to which, the matter was placed on board today.

It was pointed out by learned counsel for the Appellant that this Court had by an order dated 8^th August, 2023 disposed of Appeal (L) No.19948 of 2023. Learned counsel for the Appellant pointed out that on that date i.e. 8^th August, 2023, it was pointed out by learned counsel for the Appellant that the captioned Appeal did not appear on board since the same had been dismissed on 1^st August, 2023 on the ground of failure to remove office objections. He submitted that it was also pointed out that since the advocates for the Appellant had become aware of this fact only just prior to the date of hearing, steps were being taken to restore the said Appeal and that arguments had in fact been advanced on both Appeals on that date. Learned counsel for the Appellant

2 of 4

Shubham

3 902-APP-113-2023.doc

however pointed out that the order dated 8^th August, 2023 however bears no reference to the order dated 21^st March, 2023 and only bears reference to the order dated 16^th March, 2023. He thus submitted that since arguments on both the Appeals were heard and decided by the order dated 8^th August, 2023, the order dated 8^th August, 2023 be corrected to also mention the order dated 21^st March, 2023.

Mr. Khandeparkar, learned counsel appearing on behalf of Respondent No.1 fairly submits that it was correct that both the Appeals were argued on that date and does not oppose the correction of the order dated 8^th August, 2023 to reflect mention of the order dated 21^st March, 2023. He however takes exception to the fact that clarification was sought only after the Special Leave Petition was filed.

Given that, there is no dispute to the fact that on 8^th August, 2023 arguments on both Appeals were advanced and Appeal (L) No.19948 of 2023 was in respect of both orders. We deem it fit to clarify this aspect. Therefore, paragraph No.4 of the order dated 8^th August, 2023 be read as under;

3 of 4

Shubham

4 902-APP-113-2023.doc

“4. The present Appeal takes exception to the order dated 21^st March, 2023 passed consequent to the order dated 16^th March, 2023, by which the Court Receiver, High Court of Bombay was directed to take physical possession of the suit premises from the Appellant (who is the Defendant No.3 in the said Suit) and put his lock, seal, and board thereon.”

In view of the above clarification, the captioned

Appeal No.113 of 2023 is also disposed of in terms of the order

dated 8^th August, 2023 along with all Interim Applications filed therein.

(ARIF S. DOCTOR, J.)

(CHIEF JUSTICE)

4 of 4

Shubham

ARIF S. DOCTOR

CNR

HCBM020199562023

Topic

Writ and Judicial Review

Bench

Disposal

DISPOSED OFF

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