Topaz Industries Thr Its Partner And ANR v. Ramesh Vardhan And ANR

28-wp-8410-2022.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8410 OF 2022 Topaz Industries Through its Partner & Anr ... Petitioners V/s.

Ramesh Vardhan & Anr ... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2023.10.04 12:25:28 +0530 Mr. Simil Purohit a/w Mr. Mittal Munoth a/w Mr.Vishal Pattabiraman, for petitioners.

Mr. Amrut Joshi a/w. Ms. Preeti Gada, with Mr. Ramesh Vardhan, for respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 3, 2023 P.C.:

1.

By consent of both the parties, I, therefore, pass following order:

a) The order dated 7 April 2022 passed by the City Civil Court, Greater Mumbai in Summons For Judgment No.204 of 2014 in Summary Suit No.1076 of 2013 is quashed and set aside.

b) The proceedings are remanded back to the Judge, Court No.13, City Civil Court, Greater Mumbai, for considering of Summons For Judgment No.204 of 2014 on merits.

28-wp-8410-2022.doc 2.

Both the parties are permitted to place on record relevant material necessary for adjudication of issue involved. 3.

Considering the pendency of suit, the City Civil Court, Greater Mumbai is directed to expedite hearing of Summons For Judgment No.204 of 2014.

4.

The writ petition stands disposed of. No costs. (AMIT BORKAR, J.)