Nikhil Machines Pvt. Ltd. And ANR v. Gurera Synthetics Pvt. Ltd. And ORS

kvm 1/2 18-CRA129.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 129 OF 2015 Nikhil Machines Pvt. Ltd. & Anr.

..... Applicants

VERSUS

Gurera Synthetics Pvt. Ltd. & Ors.

..... Respondents Mr.V.C.Contractor, i/b. Mr.Sarida Unny for the Applicants. None for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATE :

17th SEPTEMBER, 2018 P.C.

By this civil revision application filed under section 115 of the Code of Civil Procedure, 1908 the applicants have impugned the order dated 12th August,2014 passed by the learned District Judge in MCA No.21 of 2013 rejecting the application for interim relief. In the said MCA, the petitioners had impugned the order dated 27th April, 2012 passed by the learned trial judge rejecting the application (Ex.5) filed by the petitioners.

2.

The suit is of the year 2011. Since 12th August,2014, there is no ad-interim relief granted by this court in this civil revision application. The suit is already placed on board for framing of issues before the trial court.

3.

The observations made by the learned trial judge are prima facie observations. The learned trial judge shall decide the suit on its own

kvm 2/2 18-CRA129.15 merits without being influenced by the observations made in the impugned order passed by the learned trial court as well as the District court. I am not inclined to interfere with those orders in this civil revision application.

4.

Insofar as the cost awarded by the learned District Judge is concerned, that part of the order is set aside. 5.

Civil revision application is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]