Allen Gerald Dsilva S/O Mr. John Baptist Dsilva v. Grace Augustine Pinto W/O Mr. Augustine Pinto and Ors.
Case brief
What is this about?
Bombay High Court interim application (Interim Application No.3036 of 2022 in Appeal From Order No.187 of 2021), decided 4 May 2022 by Justice Sandeep K. Shinde; Allen Gerald D'Silva v. Grace A. Pinto & Ors.; recall of trial Court's restraining order dated 30 June 2021 passed in Notice of Motion No.1200 of 2021 taken out by respondent/defendant no.1 in Short Cause Suit No.968 of 2021; contention that the Notice of Motion was not supported by affidavit and hence not maintainable and the trial Court was misdirected by relying on unaffirmed statements; leave granted to file an appropriate recall application before the trial Court, to be decided after hearing the parties and disposed of expeditiously; interim application disposed of; all contentions kept open; respondents' reply taken on record; no statute or precedent case cited.
What did the court decide?
Leave granted to the appellant/original plaintiff to move, before the trial Court, an appropriate application seeking 'recall' of the order dated 30 June 2021 passed in Notice of Motion No.1200 of 2021, on grounds permissible in law; the trial Court to decide such application after hearing the parties and to dispose of it expeditiously. Interim Application No.3036 of 2022 itself does not survive and is disposed of.