Sachi Molding Solutions Private Limited Thr. Its Dir.Mr. Ravi Krishnakant Mody v. Shrinidhi Safe Vault Private Limited

ssm 1 19-ao287.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 287 OF 2021 WITH I.A. NO. 2578 OF 2021 IN APPEAL FROM ORDER NO. 287 OF 2021 Sachi Molding Solutions Private Limited Through its Dire. M.R. Ravi Krishnakant Mody ....Appellant/ Applicant.

Vs.

Shrinidhi Safe Vault Private Limited & Anr.

.....Respondents.

Mr. Jai Chhabria a/w Mr. Prateek Pai, Mr. H.R. Melanta, Mr. Dhaval Patil & Mr. Mihir Mody i/by K. Ashar & Co. for the Appellant/Applicant. Mr. Girish R. Agrawal for the Respondent No.1. Mr. V.V. Phadke for the Respondent No.2.

CORAM : A. S. GADKARI, J.

DATE : 29th SEPTEMBER, 2021.

P.C.:- The principal grievance of the Appellant/Applicant (Original Defendant No.2) in the present Appeal is that, before passing of the impugned Order dated 3rd September, 2021, below Exh-5, in Special Civil Suit No.6 of 2020, pending on the file of the learned Civil Judge, SD & CJM Silvassa (D&NH), the Appellant/Applicant was not given an opportunity of being heard in the matter.

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ssm 2 19-ao287.21.doc Mr. Agrawal, learned Advocate for the Respondent No.1 (Original-Plaintiff & Defendant No.2) fairly submitted that, he has no objection if the Appellant/Applicant is heard on next occasion on the said Application filed below Exh.5 by his client.

Learned counsel for the Appellant/Applicant submitted that, the Trial Court has now scheduled the hearing of the said Application on 1st October, 2021.

In view thereof, learned Civil Judge, SD & CJM Silvassa (D&NH), is hereby directed to grant an opportunity of being heard to the Appellant/Original Defendant No.2 before passing further Orders on the said Application filed below Exh-5 in the said Suit. The learned Civil Judge, SD & CJM Silvassa (D&NH) is also requested to consider the Application filed below Exh-18 by the Appellant (Original Defendant No.2) under Order-7 Rule 11 of the Code of Civil Procedure and to decide it as expeditiously as possible. In view of the above, nothing further survives in the present Appeal. Appeal is accordingly disposed off, in the aforesaid terms. In view of disposal of Appeal from Order itself, Civil Application No.2578 of 2021 does not survive and is also disposed off. (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2021.09.30 17:39:26 +0530 SANJIV SHARNAPPA MASHALKAR 2/2