Bombay High CourtAO/950/2015dismissed

The Bombay Presidency Golf Club Ltd. v. Ajay Kapoor

2015-08-11Hon'Ble Shri Justice K.K. Tated2 pages

904 ao 950-15.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

APPEAL FROM ORDER NO. 950 OF 2015 WITH CIVIL APPLICATION NO. 1164 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Shishir Joshi i/b Mahesh Menon & Co. for the appellant.

Mr. Prem Gidwani i/b Nagvaderia & Asso. for the respondent.

CORAM : K. K. TATED, J.

DATED : 11/08/2015.

P.C.:

Heard learned Counsel for the parties.

This Appeal from Order is preferred by defendant challenging the order dated 22.07.2015 passed by Bombay City Civil Court, Mumbai in Notice of Motion no. 2313 of 2015 in S.C. Suit No. 1406 of 2015 allowing the motion preferred by respondent/plaintiff in terms of prayer clause (a), which reads thus:

"a) That pending the hearing and final disposal of the suit, this Hon'ble Court be pleased to grant stay on the suspension order passed on 12th June 2015 by the Defendants against the Plaintiff in terms of letter dated 14th June 2015 and the Show Cause Notice dated 27th May 2015 being Exhibit A & B respectively."

Sneha Chavan 1/2

904 ao 950-15.doc Yesterday the matter was argued at length.

Thereafter, the matter was adjourned today to take further instructions.

Today, the learned counsel for the appellant submits that he received instructions from Mr. Raman, President of Appellant, who is present in the Court that they may be permitted to withdraw the Appeal from Order with directions to the Trial Court to decide the suit as early as possible.

Hence, following order is passed:

a) Appeal from Order as well as Civil Application stand dismissed as withdrawn.

b) Considering the facts and circumstances of the present case, the hearing of S.C. Suit No. 1406 of 2015 is expedited.

c) This Court expects that Trial Court to decide the suit as early as possible, but in any case, within six months from receipt of copy of this order. (K.K.TATED, J.) Sneha Chavan 2/2