Zircon Venture Chsl Through Its Chairperson v. M/S. Zircon Ventures Through Managing Director And ORS.

Dinesh Sherla 4-cwpst-4292-99

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 4292 OF 2019 Zircon Venture Cooperative Housing Society Ltd.

.. Petitioner vs.

M/s. Zircon Ventures and ors.

.. Respondents Mr. R.P. Joshi i/b. Deai Legal for the Petitioner. CORAM : M. S. SONAK, J.

DATE : 18 MARCH 2019.

P.C. :- 1] Heard Mr. R.P. Joshi, learned counsel for the petitioner. 2] The challenge in this petition is to the order dated 26th November 2018 made by the Trial Court under Order 39 Rule 4 of the CPC. Learned counsel for the petitioner interrupts to say that this is also an order made under Order 39 Rule 1 and 2 of CPC.

3] As against the order made under Order 39 Rule 1, 2 and 4 of CPC, the petitioner has a remedy of appeal. Accordingly, there is no necessity to entertain the present petition.

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Dinesh Sherla 4-cwpst-4292-99 4] However, the petitioner will undoubtedly have the right to avail of appellate remedy.

5] With aforesaid observations, this petition is disposed of. (M. S. SONAK, J.) 2/2