Khivraj G. Suthar And ANR v. M.S. Shah Developers Private Limited

44-AO610-16+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 610 OF 2016 WITH CIVIL APPLICATION NO. 783 OF 2016 Khivraj G Suthar & Anr ...Appellants

Versus

MS Shah Developers Pvt Ltd

...Respondent

Mr Nakul Jain, i/b Maniar Srivastava & Associates, for the Appellant.

CORAM: G.S. PATEL, J DATED:

13th June 2017 PC:- 1.

Liberty to the Appellants to apply before the Bombay City Civil Court for an appropriate order since the Appellants contend that the Consent Terms filed in Suit No. 30 of 2016 in the Commercial Division of this Court adequately protect the Plaintiffs' rights.

2.

That order may be taken either in the Plaintiffs' Notice of Motion in which ad-interim reliefs were refused (hence, this Appeal) or in the Suit itself.

13th June 2017

44-AO610-16+.DOC 3.

The Appeal from Order is disposed of with these observations. There will be no order as to costs. 4.

The Civil Application does not survive and is disposed of infructuous.

(G. S. PATEL, J) 13th June 2017