The High Court of Bombay clarified an earlier order by reading Paragraph 4 to explicitly include contention against the order dated 21st March 2023, dismissing the current appeal along with interim applications by reference to that clarified order.
Appeal disposed of by order dated 8th August 2023 along with interim applications.
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.
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
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 : 5th OCTOBER, 2023.
P.C. :
2 of 4
Shubham
3 902-APP-113-2023.doc
however pointed out that the order dated 8th August, 2023 however bears no reference to the order dated 21st March, 2023 and only bears reference to the order dated 16th March, 2023. He thus submitted that since arguments on both the Appeals were heard and decided by the order dated 8th August, 2023, the order dated 8th August, 2023 be corrected to also mention the order dated 21st March, 2023.
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Shubham
4 902-APP-113-2023.doc
“4. The present Appeal takes exception to the order dated 21st March, 2023 passed consequent to the order dated 16th 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.”
Appeal No.113 of 2023 is also disposed of in terms of the order
dated 8th August, 2023 along with all Interim Applications filed therein.
(ARIF S. DOCTOR, J.)
(CHIEF JUSTICE)
4 of 4
Shubham
1 issue framed by the court
Whether the order of 8th August 2023 should be clarified to include reference to the order dated 21st March 2023.
Zainab Rafiullah Shaikh
Labh Singh
Devendra Kumar Upadhyaya
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
