M/S. Armors Developers Pvt. Ltd., Nagpur Thr. Managing Director, Anand N. Khobragade v. Sandip Ashok Virani and Others

Bombay HC14 Nov 2024WP/6676/2024

Case brief

AI extract

What is this about?

Suit for declaration and injunction where the trial court vacated an interim status-quo order despite corrected valuation allegedly exceeding its pecuniary jurisdiction. The High Court issued notice to the respondents returnable on 04-12-2024 and directed that the status-quo order dated 03-10-2024 remain in force till then.

What did the court decide?

Notice issued returnable 04-12-2024; status-quo order of 03-10-2024 to remain in force till next date.

M/S. Armors Developers Pvt. Ltd., Nagpur Thr. Managing… — Property and Title | Bombay HC (2024)

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1 wp 6676.24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition No.6676/2024

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(M/s Armors Developers Pvt Ltd V Sandip and others)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. Deven Chauhan, Senior Advocate a/b Mr. S.P. Bodalkar, Advocate for petitioner.

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CORAM : N.R. Borkar, J. DATE : 14-11-2024.

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The petitioner herein has filed a suit for declaration and injunction which is at present pending on the file of Civil Judge (Junior Division), Kamptee.

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ii. By order dated 03-10-2024, the learned trial Court directed the parties to maintain status quo.

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iii. The respondent herein had thereafter filed an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the relief claimed was not properly valued. By order dated 21-10-2024, the learned trial Court allowed the said application and directed the petitioner to correct the valuation of the suit. The learned Senior Counsel for the

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2 wp 6676.24.odt

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petitioner states that petitioner has complied with the said order and corrected the valuation.

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iv. The learned Senior Counsel for the petitioner submits that after the compliance of the order dated 21-10-2024, the valuation of the suit exceeded the pecuniary jurisdiction of the Civil Court (Junior Division), and therefore the suit should have been transferred to the Court of Civil Judge (Senior Division). The grievance in the present petition is that instead of transferring the suit to the Court of Civil Judge (Senior Division), the learned trial Court (Civil Judge Junior Division) has entertained the application filed by respondents for vacating the order of status-quo which was granted by order dated 03-10-2024 and by the order impugned vacated the said order of the status-quo.

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v. Issue notice to the respondents, returnable on 04-12-2024.

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vi. The order of status quo passed by the learned trial Court dated 03-10-2024 shall remain in force till next date.

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3 wp 6676.24.odt

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vii. In addition to the Court notice, service of notice

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by private mode is permitted.

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( N.R. Borkar, J. )

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Deshmukh

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Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 14/11/2024 18:38:27

M/S. Armors Developers Pvt. Ltd., Nagpur Thr. Managing Director, Anand N. Khobragade v. Sandip Ashok Virani and Others

Case brief

What is this about?

What did the court decide?

M/S. Armors Developers Pvt. Ltd., Nagpur Thr. Managing Director, Anand N. Khobragade v. Sandip Ashok Virani and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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