Mr. Tulsidas Dattu Mhatre v. Mr. Charlie Jasin Gomes And ORS.

1 WP 3295-15.doc-915

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3295 OF 2015 Mr. Tulsidas Dattu Mhatre.

] ... Petitioner/ (Orig. Plaintiff)

Versus

Mr. Charlie Jasin Gomes and Ors.

] ... Respondents/ (Orig. Defendants) Mr. S. M. Oka a/w Mr. Sagar Joshi for Petitioner. Mr. M. S. Karnik a/w Mr. Mishra for Respondents. CORAM :- M. S. SONAK, J.

DATE :- MARCH 31, 2015 P. C. :- 1.

The learned Counsel for Petitioner, on the basis of instructions from the Petitioner, makes a solemn statement that the Appeal against Order dated 10/03/2015 shall be instituted before the District Judge, Thane, tomorrow i.e. on 01/04/2015. 2.

Mr. Mishra, learned Counsel for Respondents, states that he has the authority and he shall take notice on behalf of the Respondents in the said Appeal which will be instituted on 01/04/2015. Necessary service shall therefore be effected upon Advocate Mr. Mishra tomorrow itself.

URS

2 WP 3295-15.doc-915 3.

The learned District Judge at Thane is requested to hear and decide any Motion for interim relief that may be made by and on behalf of the Petitioner in such Appeal as expeditiously as possible and in any case on or before 07/04/2015. Until 07/04/2015, it is directed that the parties shall maintain status-quo in the matter. 4.

The learned District Judge, Thane, to decide the Motion for interim relief on its own merits and in accordance with law. It is clarified that this Court has not gone into the merits of the matter and therefore the learned District Judge to decide the Motion for interim reliefs uninfluenced, either by extension of interim relief granted by the learned Civil Judge, Junior Division, Thane, or for that matter this Court, for the limited purpose, as aforesaid. 5.

This petition is disposed of in the aforesaid terms. There shall be no order as to costs.

6.

All parties to act on an authenticated copy of this Order. (M. S. SONAK, J.) URS