Vivek Enclave Co-Operative Housing Society Ltd. v. Prajapita Brahma Kumaris Ishwarya Vishwa Vidyalaya And ANR

1 / 2 CRA/ 116/2016 Tapadia RR/B.910

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.116 OF 2016 Vivek Enclave Cooperative Housing Society Ltd ..Applicant Vs Prajapita Brahma Kumaris Ishwarya Vishwa Vidyalaya and Anr.

.. Respondents Ms. Sumedha Rao, Advocate for Applicant.

Mr. S.U.Kamdar, Senior Advocate a/w Helina Desai i/b Wadia Ghandy & Co. for Respondent no.1.

CORAM : R.G.KETKAR,J.

DATE : 26/04/2016 PC:

1.

Heard Ms.Sumedha Rao, learned counsel for the applicant and Mr. S.U.Kamdar, learned senior counsel for respondent no.1 at length.

2.

By this Application under Section 115 of C.P.C., the applicant has challenged the Judgment and Award dated 27.1.2016 passed by the learned Judge of the 3rd Cooperative Court, Mumbai in Dispute filed under section 91 of the Maharashtra Cooperative Societies Act, 1960. By that order, the learned trial Judge partly allowed the dispute filed by respondent no.1.

3.

After arguing Application for quite some time, Ms. Rao seeks permission to withdraw this Application with liberty to file

2 / 2 CRA/ 116/2016 Appeal challenging the Award. As the applicant has an equally efficacious alternate statutory remedy by way of appeal, Application is permitted to be withdrawn with liberty as prayed for. It is made clear that I have not examined merits of the case. All contentions of the parties are expressly kept open. Order accordingly.

(R.G.KETKAR, J.)