Shreeji Chambers Premises Co-Operative Society Ltd. v. Digitech Electronic Systmes Pvt. Ltd. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1341 OF 2022 Shreeji Chambers Premises Co-operative Society Ltd.

.....Petitioner V/s.

Digitech Electronic Systems Pvt. Ltd.

and Ors ....Respondents ----- Mr. Vikramjit Garewal with Mr. Patel, V. Shah, Darshit Dave and Harshad R. Vyas, Advocates for the Petitioner. Mr. Yogesh Gaikwad with Mr. Ayaz Bilawala and Ms. Miloni Shah i/by M/s. Bilawala & Co. Advocate for the respondents. CORAM : SANDEEP K. SHINDE, J.

DATED : 21ST OCTOBER, 2022.

P.C. :

1.

Respondents may tender compilation of documents in the Registry on or before 11th November, 2022. 2.

Heard learned counsel for the Parties.

3.

Parties have tendered the Minutes of the Order signed by their respective advocates. It reads as under: MINUTES OF THE ORDER By consent of the parties the following order is passed : 1.

Appeal from Order bearing No. 21 of 2021 which was filed by the Respondents against the Petitioner before the Hon'ble Co-operative Appellate Court is pending till date. The next date of the Appeal is 14th November, 2022.

2/3 2.

The Parties are at liberty to file any application before the Appellate Court. This Application shall also be heard on its merits either before or along with the hearing and final disposal of the said Appeal. It will be for the Co-operative Appellate Court to determine if such Application is to be heard before or with the pending Appeal.

3.

The Parties shall endeavour to proceed with the hearing of the said appeal/Application (if filed), as expeditiously as possible, on 14th November, 2022 or any other date as may be convenient to the Hon'ble Appellate Court.

4.

In the interim, order dated 24th June, 2022 passed by this Hon'ble Court which was modified by order dated 4th July, 2022 in the above petition shall continue to operate till the hearing and final disposal of the Proposed Interim Application or the Appeal or till such other and further orders passed by the Hon'ble Appellate Court. 5.

All rights and contentions of the Parties are kept open and the Hon'ble Appellate Court shall decide the said proposed Interim Application and/or the Appeal (including any application as may be taken out therein) on their own merits and without being influenced by the said orders dated 24.06.2022 and 04.07.2022.

6.

The hearing of Appeal from Order No. 21 of 2021 before the Hon'ble Co-operative Appellate Court along with all applications therein shall be expedited and be disposed of within a period of 3 months from the date hereof. 7.

The captioned petition stands disposed off in terms of this order.

8.

No order as to costs.

9.

All concerned to act on authenticated copy of the order."

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3/3 Minutes are taken on record and marked 'X for Identification'. Writ Petition is disposed of in terms of the Minutes tendered by the parties.

(SANDEEP K. SHINDE, J.)