Seksaria Confectionaries Pvt. Ltd. v. Vivid Hospitality Pvt. Ltd. And ORS

9-CP-211-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 211 OF 2016 Seksaria Confectionaries Pvt.Ltd.

...Petitioner

Versus

Vivid Hospitality Pvt.Ltd. & Ors.

...Respondents

---------- Mr. R.M. Haridas, for the Petitioner.

---------- CORAM :

N.M. JAMDAR, J.

DATE : 16 February 2017 ORAL ORDER :

1.

Pursuant to the order dated 21 November 2016, the learned Counsel for the Petitioner has placed on record a copy of the order dated 1 September 2016 in Civil Application No. 566 of 2016 in Writ Petition No. 7366 of 2015. The Petitioner had made identical grievance, which is sought to be made in this Contempt Petition. In the Civil Application, the learned Single Judge has given liberty to the Petitioner to file an Application under Order XXXIX Rule 11 for striking out the defence of the Respondents. It is informed that the Application is already filed. Sharayu.

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9-CP-211-16.doc Furthermore, the learned Trial Judge has requested to decide the Application for appointment of Court Receiver within a period of four weeks. In view of this liberty given to the Petitioner on the very same grievance, which also availed by the Petitioner, it is not necessary to keep the Contempt Petition pending and accordingly is disposed of. All the contentions which are advanced in this Contempt Petition can be urged by the Petitioner in the Application that is filed. [N.M. JAMDAR, J.] Sharayu.

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