Avarsekar Realty Private Limited Mumbai- 400016 v. Ashok Paranjpe And ANR

7-SA-523-2022.DOC Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 523 OF 2022 WITH INTERIM APPLICATION NO. 10528 OF 2022 Avarsekar Realty Pvt. Ltd.

...Appellant

Versus

Ashok Paranjpe & Anr.

...Respondents

None for the Appellant.

None for the Respondent.

CORAM

Dr. Neela Gokhale, J.

DATED:

29th November 2023 PC:- 1.

By order dated 25th August 2023, this Court has adjourned the Appeal to 8th September 2023 on the request of the Appellant that he wished to engage another Advocate. The order also records that if on the adjourned date none appeared for the Appellant, the Appeal will be dismissed. Clause (3) of the said order reads as under:

"3.

If on the adjourned date, no one appears or seeks time then appeal will be dismissed. I am informed by the Respondent that the issue involved in the present appeal appears to have been decided by this Court as well as 29th November 2023

7-SA-523-2022.DOC Hon'ble Supreme Court in the cases of Newtech Promoters and Developers Pvt. Ltd. V/s. State of UP & Ors.1 and CCI Projects Pvt. Ltd. V/s. Union of India.2" 2.

When the matter was called out today, none appeared for the parties.

3.

Considering the order of this Court dated 25th August 2023, the Appeal stands dismissed for want of prosecution. 4.

In view of disposal of Second Appeal, Interim Application bearing No. 10528 of 2022 pending therein also stands dismissed. (Dr. Neela Gokhale, J) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2023.11.29 15:59:30 +0530 RAJU DATTATRAYA GAIKWAD (2021) SCC Online SC 1044.

Writ Petition No.2008 of 2022 dated 6th May 2022. 29th November 2023