M/S. National Building Corporation And ANR. v. Dev Gyan Co-Operative Housing Society Ltd.

by SATISH RAMCHANDRA SANGAR Date:

2023.06.06 16:55:03 +0530 SATISH RAMCHANDRA SANGAR 502-503.IA.4776.2023.doc Satish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4776 OF 2023 IN APPEAL FROM AN ORDER (ST) NO.12469 OF 2023 WITH APPEAL FROM AN ORDER (ST) NO.12469 OF 2023 WITH INTERIM APPLICATION NO.7671 OF 2023 IN APPEAL FROM AN ORDER (ST) NO.12473 OF 2023 WITH APPEAL FROM AN ORDER (ST) NO.12473 OF 2023 M/s. National Building Corporation and Anr.

...Applicants vs.

Dev Gyan Co-operating Housing Society Ltd.

...Respondent

*** Ms.Divya Bhavsar i/b Dinesh D. Tiwari Associates for Applicant. CORAM :

S. M. MODAK, J.

DATED :

31ST MAY 2023 P. C. :

1.

Inadvertently, instead of filing a Writ Petition, the Appellant has preferred an Appeal from an Order. The correctness of the order passed on Notice of Motion moved by the Defendants is challenged. The prayer for rejection of Plaint under the provisions of Order 7

502-503.IA.4776.2023.doc Rule 11 of the Code of Civil Procedure, 1908 ["CPC"] was made and it was rejected.

2.

Hence, liberty granted to withdraw the proceeding with liberty file appropriate proceedings as per Rules. Hence, it is disposed of. 3.

Interim Application is also disposed of.

[S. M. MODAK, J.]