Dismissed

Haji Zainuddin Hukumallah and Ors. v. M/S.Nirmal Lifestyle Ltd. and Ors.

Bombay HC13 Mar 2023WP/10610/2016

Case brief

AI extract

What is this about?

Petitioners sought to withdraw a writ petition due to a substantial civil suit filed challenging key transaction documents. The court, noting the pending suit and the respondent's insolvency, permitted the withdrawal without adjudicating the merits.

What did the court decide?

Permission to withdraw the writ petition was granted given the pendency of a substantial civil suit.

Haji Zainuddin Hukumallah and Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2023)

¶1

¶2

20wp10610-16

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO. 10610 OF 2016

¶5

Haji Zainuddin Hukumallah and Ors. … Petitioners

¶6

Versus M/s. Nirmal Lifestyle Ltd. and Ors. … Respondents

¶7

Mr. J.K. Shah a/w Mr. Sunil Yadav i/by R.J.Law for the Petitioners. Mr. Rishab Jain i/by MDP & Partners for Respondent No.1. Mr. Sachin Kankal, AGP for the Respondent No.6-State.

¶8

CORAM : SHARMILA U. DESHMUKH, J. DATE : 13^th March, 2023

¶9

P.C. :

¶10

Learned counsel for the Petitioners submits that a substantial suit has been filed seeking to challenge the sale agreement dated 01.07.1980, confirmation deed dated 06.04.1995, the cancellation deed dated 04.04.1997 and the sale deed dated 12.12.2005. He submits that by the impugned order dated 31.12.2015, his application was not admitted, as the Secretary and Special Executive Officer (Appeal) has observed that there is no Court order declaring that the said documents are null and void and or illegal and invalid.

¶11

Digitally signed by SANJAY SANJAY ASARAM ASARAM MANDAWGAD MANDAWGAD Date: 2023.03.15 16:46:36 +0530

¶12

2 20wp10610-16

¶13

In view of the pending suit, learned counsel for the Petitioners on instructions, seeks permission to withdraw the petition. Learned counsel for the Respondent No.1 submits that the Respondent No.1 has been admitted to insolvency and presently Corporate Insolvency Resolution Process is going on. Be that as it may. Considering that the substantial civil suit has been filed as regards the subject documents, the petition is permitted to be withdrawn.

¶14

Needless to state that all the rights and contentions of the parties are kept open. This Court has not gone into the merits of the petition. Considering the suit has been preferred in the year 2018, the City Civil Court, Mumbai, is requested to decide the civil suit bearing No.S.C. Suit No.1776 of 2018, pending before it, as expeditiously as possible.

¶15

4. Writ Petition stands disposed of.

¶16

( SHARMILA U. DESHMUKH, J. )

¶17

sa_mandawgad

Haji Zainuddin Hukumallah and Ors. v. M/S.Nirmal Lifestyle Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Haji Zainuddin Hukumallah and Ors. v. M/S.Nirmal Lifestyle Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saurav Gulshan Bhatia vs Bijal Vyas Bhatia

Rev. Sukhanda Rajaram Ranbhise vs the Joint Charity Commissioner Kolhapur and Ors.

Ryberg Cyril Cosmas Henriques vs Kashmira Eruch Billimoria

Shri. Mingel Anton Kudel and Ors. Vs Shri. Inas Duma Kudel (Since Decd.) through Lrs.

Shri. Nivrutti Gopal Kute and Ors. Vs Raja Vasudeo Gadgil through Poa Holder Sachin Babanrao Landage and Ors.

Shri Vinayak Ganpatrao Alias Gulabrao Pisal Decd Thru Lrs Vs Shri. Chandrakanth Krishnaji Pisal and Anr.