M/S. Mariegold Infratech Pvt. Ltd. And ORS. v. Mr. Mukund Subhash Karwa And ORS.

Tapadia RR/B.8 1/3 CRA/347/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 347 OF 2014 WITH CIVIL APPLICATION NO.501 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Zal Andhyarujina a/w Mr. Rohan Cama i/b S. S. Kanetkar, Advocates for Applicants.

Ms. Priya Ranade a/w Ms Triveni Jani i/b M/s Markand Gandhi & Co, Advocates for Respondents no. 1 to 8.

CORAM: R.G.KETKAR, J.

DATE : 07/03/2016 PC:

1.

Heard Mr. Zal Andhyarujina, learned counsel for the applicants and Ms. Priya Ranade, learned counsel for respondents no.1 to 8.

2.

By this Application under Section 115 of C.P.C, the applicants, hereinafter referred to as defendants no. 1 to 6, have challenged the judgment and order dated 9.4.2014 passed by the learned 3rd Addl.

Civil Judge, Sr. Dn.,Pune below Exhibits 29 and 31 in Spl. Civil Suit No.1713 of

2/3 CRA/347/2014 2013. By that order, the learned trial Judge rejected the applications.

3.

Mr. Andhyarujina, on instructions, seeks permission to withdraw this Application.

4.

Ms Ranade has no objection. She further submits that respondents no.1 to 8 have taken out application for interim order in December, 2013 and because of interim order operating in this application, proceedings before the trial Court are stayed. She, therefore, submitted that the learned trial Judge may be directed to dispose of application for interim relief in a time bound manner.

Mr.Andhyarujina has no objection.

5.

In view thereof, on the application made by Mr. Andhyarujian, Civil Revision Application is allowed to be withdrawn.

6.

Since the application for interim relief is pending from December, 2013, the learned trial Judge is requested to decide the same as expeditiously as possible and preferably within 3 months

3/3 CRA/347/2014 from production of the authenticated copy of this order.

7. In view of disposal of Civil Revision Application, Civil Application No. 501 of 2015 for modification of order dated 30.4.2014 does not survive and same is disposed of.

(R.G.KETKAR, J.)