Sharmishtha K. Patel v. Chemofine Industries And ORS.

30-ia16223-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10512 OF 2018 Sharmishtha K. Patel ... Petitioner V/s.

Chemofine Industries & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.11.06 11:01:15 +0530 WITH INTERIM APPLICATION NO.16223 OF 2023 IN WRIT PETITION NO.10512 OF 2018 Chemofine Industries ... Applicant In the matter between Sharmishta K. Patel (Deceased) ... Petitioner V/s.

Chemofine Industries & Ors.

... Respondents Mr. Prathmesh Bhosle i/by Mr. Girish S. Pikale for the applicant in IA and for respondent No.1 in WP. Mr. Manek Kotyaniwalla with Mr. Vipul Bilue i/by Mulla and Mulla and CBC for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 4, 2023 P.C.:

1.

By the impugned order, the executing Court has rejected application under Order 21 Rule 97 of the Civil Procedure Code,

30-ia16223-2023.doc 1908, which has a force of decree under Sub-rule 101 and Rule 21 of the Civil Procedure Code, 1908.

2.

Hence, the writ petition is disposed of by granting liberty to the petitioner to file substantive appeal against the impugned order. No costs.

3.

In view of disposal of the writ petition, nothing survives in the interim application and the same stands disposed of as infructuous.

4.

Ad-interim relief granted earlier is continued for period of four weeks from today.

(AMIT BORKAR, J.)