← Library
Bombay High CourtWP/7332/2018allowed to be withdrawn

M/S . Signapurkar'S Leahter House Pvt. Ltd. v. M/S. Mamaji Industrial Corporation , A Parntership Firm And ORS

2018-07-11Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

1/2 503.wp.7332-18.doc [M/s. Signapurkar's vs M/s. Mamaji]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7332 OF 2018 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. A.Y. Sakhare, Senior Advocate i/b. R.S. Mirpury, Advocate for the Petitioner.

Mr. Javed Khan Akhtar, Advocate for the Respondents.

CORAM : R. G. KETKAR, J.

DATE : 11/07/2018 P.C.:

1.

Not on board. At the request of Mr. Sakhare taken up in the production board.

2.

Heard Mr. A.Y. Sakhare, learned Senior Counsel for the petitioner and Mr.Javed Khan Akhtar, learned Counsel for the respondents, at length. 3.

By this Petition under Article 227 of the Constitution of India, the petitioners, hereinafter referred to as the 'defendants', have challenged the order dated 3.7.2018 passed by the learned Judge, Court Room No.9 of the Court of Small Causes at Mumbai below Exhibit-9 (injunction application) in L.E. & C. Suit No.81/2018. By that order, the learned trial Judge directed the defendants to maintain status quo in respect of the suit premises till filing of the reply.

4.

After arguing the Petition for quite some time,

2/2 503.wp.7332-18.doc [M/s. Signapurkar's vs M/s. Mamaji] Mr. Sakhare, on instructions, states that by tomorrow, the defendants will file reply and serve copy on the other side. He further submits that the learned trial Judge may be directed to dispose of the application in a time bound manner.

5.

Mr. Akhtar assures that within two days from receipt of the reply, the plaintiffs will file rejoinder if so advised and serve copy on the other side during that period.

6.

In view thereof, on the motion made by Mr.Sakhare the Petition is allowed to be withdrawn and is disposed of as such. The defendants shall file reply to application Exhibit-9 and serve copy on the other side on or before 13.7.2018. Rejoinder, if any, shall be filed and served by the plaintiffs by 16.7.2018. The learned trial Judge is requested to dispose of the application Exhibit-9 within two weeks from completion of the pleadings. Order accordingly. (R. G. KETKAR, J.) Deshmane(PS)