Neeraj Jain And ORS v. Runwal Homes Private Limited

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER (ST) NO.13810 of 2016 with CIVIL APPLICATION (St) No.13812 of 2016 Neeraj Jain & anr ...

.. Appellants vs Runwal Homes Pvt.Ltd ...

.. Respondent Mr.S.S.Kulkarni i/b Mr.Sachin Chavan for Appellants None for Respondent ...

CORAM: G.S.KULKARNI, J DATE: 6TH MAY, 2016 P.C.

1.

Heard learned counsel for the appellants. Perused the impugned order.

2.

By the impugned order the learned trial Judge has simpliciter made the notice of motion returnable on 8th June, 2016. The impugned order does not indicate that the notice of motion in question has been considered for ad interim reliefs as being canvased by the learned counsel for the appellants. Learned counsel for the appellants submits that there is an extreme urgency in the matter and therefore, the notice of motion ought to have been heard for adinterim reliefs. 3.

The submission is quite appropriate. A perusal of the impugned

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4.

Learned counsel for the appellants has drawn my attention to the orders which are being passed in similar matters where injunction has been granted. It may not be necessary for this Court in this appeal to consider these issues on merits of the matter. All this issues can be gone into at the ad-interim stage.

5.

The appellants therefore shall move an urgent application before the learned trial Judge for such ad interim reliefs as they wish to pray for. If such an application is made, the learned trial Judge shall take up the hearing of the notice of motion for ad-interim reliefs.

6.

In the light of the above observations and considering the nature

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7.

C.A(St) No.13812 of 2016 does not survive and the same is accordingly disposed of.

Parties to act on an authenticated copy of this order. G.S.KULKARNI, J

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