Pragji Lakhmidas Charity Trust And ORS v. Vaspar Shelters Ltd.

Pradnya Bhogale 1 19 AO 479-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.479 OF 2015 WITH CIVIL APPLICATION NO.911 OF 2015 IN APPEAL FROM ORDER NO.479 OF 2015 Pragji Lakhmidas Charity Trust & Ors.

... Appellants (Org. Defendants)

Versus

Vaspar Shelters Ltd.

... Respondents (Org. Plaintiffs) .....

Mr. Rajiv Narula I/b. Jhangiani Narula & Associates for Appellants.

Aniruddha Joshi, Nikhil Karnawat a/w Viraj Maniar and Sneha Patil I/b. Maniar Srivastava & Associates for Respondent. .....

CORAM

: M. S. KARNIK, J.

DATE : 7th JUNE, 2019.

P. C.:

1.

In a Suit filed by the respondents (original plaintiffs) in the year 2013, the impugned order by the Trial Court allowing the Notice of Motion in terms of prayer clause (a) and (b) is operating since 06.09.2014. I am informed that the issues are already framed.

2.

In this view of the matter, it would be in the interest of justice to direct the Trial Court to dispose of the Suit as

Pradnya Bhogale 2 19 AO 479-15.doc expeditiously as possible, preferably within a period of one year from today. The injunction operating to continue till the disposal of the Suit.

3.

Having regard to the reasons recorded by the Trial Court while granting the Notice of Motion made absolute in terms of prayer clause (a) and (b), I see no reasons to interfere with the said order.

4.

Subject to above the Appeal From Order is dismissed. 5.

In view of the dismissal of the Appeal, nothing survives for consideration in the Civil Application. The Civil Application is disposed of accordingly.

( M. S. KARNIK, J. )