Prabha Ganpat Borkar ( Now Mrs. Prabha Dinesh Kannan ) v. Drego Enterprises a Partnership Firm and Ors.
Case brief
What is this about?
Single-judge order of the High Court of Judicature at Bombay (Amit Borkar, J.), dated 14 August 2024, in Writ Petition No.6271 of 2024 (Prabha Ganpat Borkar v. Drego Enterprises & Ors.). Key points: impugned order passed on a section 144 CPC application; Section 2(2) CPC gives such orders the status of a decree; remedy directed to appeal under section 96 read with Order 41 CPC; writ petition disposed of as withdrawn with liberty to file substantive appeal and all contentions kept open. No precedents cited; petitioner's counsel: Raj. K. Awasthi with Bushra Sayed, i/by Pragya Mishra; State represented by AGP Priyanka B. Chavan.
What did the court decide?
Permission to withdraw the writ petition with liberty to file a substantive appeal before the appropriate Court; all contentions kept open to be agitated in the appeal. ¶¶16