Disposed

Emrald Leisures Ltd. Formerly Known as Aapte Amalgamation Ltd. v. Shri Datta India Pvt. Ltd. and Ors.

Bombay HC19 Mar 2024WP/3768/2024

Case brief

AI extract

What is this about?

Writ petition against interim and district court orders in an injunction suit. Court declined to comment on merits, directed both parties to maintain status quo over the suit properties, kept all contentions open, and asked the trial court to decide Regular Civil Suit No.418 of 2021 within one year.

What did the court decide?

Status quo directed over suit properties; suit to be decided by trial court within one year; all contentions kept open.

Emrald Leisures Ltd. Formerly Known as Aapte Amalgamation… — Property and Title | Bombay HC (2024)

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3768 OF 2024

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Emrald Leisures Ltd.
Formerly Known as Aapte Amalgamation Ltd. ..Petitioner
Versus
Shri. Datta India Pvt. Ltd. and Ors. ..Respondents

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Mr. Atharva A. Dandekar i/by Hitendra Parab, Advocate for Petitioner.

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Mr. Vineet Naik, Senior Advocate a/w. Mr. Sumanth Anchan, Kartikeya Desai and Ms. Sayli Shinde i/by Kartikeya & Associates for Respondent Nos.1 to 5.

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Mr. Yuvraj D. Patil, AGP for Respondent No.7 – State.

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CORAM:MILIND N. JADHAV, J.
DATE:MARCH 19, 2024.

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P.C.:

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1. Heard Mr. Dandekar, learned Advocate for Petitioner; Mr.

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Naik, learned Senior Advocate for Respondent Nos.1 to 5 and Mr.

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Patil, learned AGP for Respondent No.7 – State.

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2. In the present matter, the Suit namely Regular Civil Suit No.418 of 2021 is filed by the Petitioner / Plaintiff seeking injunction in the Court of Joint Civil Judge, Senior Division, Satara. There is Exhibit “5” order as also order passed by the learned District Court due to which the Plaintiff is aggrieved and has filed the present Writ Petition. Considering that the Suit is for injunction only and both

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parties claim to be in possession on the basis of their respective
averments made in the pleadings, I am of the opinion that this Court
should not at this prima facie stage opine on any of the merits of the
matter or the findings returned by the Courts below unless evidence is
led by the parties. This is so to ensure that both the parties are
directed to maintain status quo as on today in respect of the Suit
properties so that a direction can be given to the learned Trial Court to
dispose of and decide Regular Civil Suit No.418 of 2021 as
expeditiously as possible and preferably within a period of one year
from today strictly in accordance with law. Accordingly, both parties
are directed to maintain status quo as on today.

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3. Both learned Advocates would submit that parties shall not take any unnecessary adjournments before the learned Trial Court and assist the Trial Court for expeditious disposal of the Suit within the aforementioned time frame as suggested and directed by this Court.

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4. The learned Trial Court shall not be influenced by any of the observations and findings given in this order, the observations and findings returned in the Exhibit “5” order as also in the order passed by the District Court as they are purely prima facie in nature and shall determine the Suit strictly in accordance with law.

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5. Be that as it may, all contentions of both the parties are expressly kept open before the learned Trial Court. Both the parties are

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directed to prove their right, title and entitlement in the Suit
proceedings by leading cogent evidence strictly in accordance with law.

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6. With the above directions, Writ Petition stands disposed.

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 [ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2024.03.19 19:07:22 +0530

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Emrald Leisures Ltd. Formerly Known as Aapte Amalgamation Ltd. v. Shri Datta India Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Emrald Leisures Ltd. Formerly Known as Aapte Amalgamation Ltd. v. Shri Datta India Pvt. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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