Sudarshan Malpani v. Argil Properties Private Limited And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 5 OF 2015 NOTICE OF MOTION NO. 1729 OF 2014 S.C. SUIT NO. 1259 OF 2014 CIVIL APPLICATION NO. 8 OF 2015 (FOR STAY) ARGIL PROPERTIES PRIVATE LIMITED AND ORS.

} RESPONDENTS APPEAL FROM ORDER NO. 6 OF 2015 NOTICE OF MOTION NO. 1731 OF 2014 S.C. SUIT NO. 1263 OF 2014 TASHA MULTITRADING PRIVATE LIMITED APPEAL FROM ORDER NO. 7 OF 2015 NOTICE OF MOTION NO. 1730 OF 2014 S.C. SUIT NO. 1258 OF 2014

2/5 NEAR VIEW REALITY PRIVATE LIMITED APPEAL FROM ORDER NO. 8 OF 2015 NOTICE OF MOTION NO. 1726 OF 2014 S.C. SUIT NO. 1262 OF 2014 MACROLITE INFRAPROJECTS PRIVATE LIMITED APPEAL FROM ORDER NO. 9 OF 2015 NOTICE OF MOTION NO. 1728 OF 2014 S.C. SUIT NO. 1260 OF 2014 RIGHTGEM REALITY PRIVATE LIMITED

3/5 APPEAL FROM ORDER NO. 10 OF 2015 NOTICE OF MOTION NO. 1727 OF 2014 S.C. SUIT NO. 1261 OF 2014 LOGACTIVE INFRAPROJECTS PRIVATE LIMITED * * * * Mr. Dakshesh Vyas a/w. Mr. Abhishek Prabhu a/w. Ms. Jinal Shah, Advocate for the appellant.

Ms. Ankita Singhania a/w. Mr. Punit Damodar, Ms. Nikita Vardhan, Ms. Raveena Kinkhabwala and Mr. Vishal Tiwari i/by. Kanga & Co., Advocate for respondent no.1.

Coram : Sandeep K. Shinde, J.

(through Video Conference).

Friday, 4th February, 2022.

P.C. :

1) Each of these Appeals fled under Order 43 Rule 1(r) read with Section 104 of the Code of Civil Procedure, challenges the order dated 8th May, 2014 passed by the City

4/5 Civil Court, Greater Mumbai. By impugned order, the learned trial Court granted ad-interim relief in terms of prayer clauses (1) and (2) in favour of the plaintiffs. Pending instant appeal/s, neither operation of impugned order/s, was stayed nor modifed it. Infact, on 26th June, 2014, this Court declined to grant stay to the operation of the impugned order/s. Be that as it may, the interim order passed by the trial Court is in force since May, 2014. In the circumstances, in my view, it would be expedient, if the trial Court, dispose of Notice of Motions No.1729 of 2014, 1731 of 2014, 1730 of 2014, 1726 of 2014, 1728 of 2014 and 1727 of 2014, as expeditiously as possible, and preferably on/or before 31st December, 2022.

2) Thus, in consideration of the facts of the case, no interference is called for in order, granting ad-interim relief, which is operating since May, 2014. Appeals are dismissed. In that view of the matter, parties shall appear before the trial Court on the scheduled date. 3) The learned trial Court, shall decide the Notice of Motion No. 1729/2014 in Short Cause Suit No.1259/2014, Notice of Motion No. 1731 of 2014 in Short Cause Suit No. 1263 of 2014, Notice of Motion No.1730 of

5/5 2014 in Short Cause Suit No. 1258 of 2014, Notice of Motion No. 1726 of 2014 in Short Cause Suit No. 1262 of 2014, Notice of Motion No. 1728 of 2014 in Short Cause Suit No. 1260 of 2014 and Notice of Motion No. 1727 of 2014 in Short Cause Suit No. 1261 of 2014, on its own merits, preferably before 31st December, 2022.

4) All contentions of the parties are expressly kept open.

5) With disposal of the Appeals, all interim applications fled therein become infructuous and do not survive. The same also stand disposed of.

Digitally signed by NEETA SHAILESH SAWANT Date:

2022.02.08 11:07:03 +0530 NEETA SHAILESH SAWANT (Sandeep K. Shinde, J.)