Three S Health Care Private Limited v. M/S. S. S. V. K. Enterprises

skc 13-14-AOST-21343-21371-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO. 21343 OF 2018 WITH CIVIL APPLICATION (STAMP) NO. 21345 OF 2018 Three S Health Care Pvt. Ltd.

..

Appellants vs.

M/s. Sai Ashish Marketing India Ltd.

..

Respondents AND APPEAL FROM ORDER (STAMP) NO. 21371 OF 2018 WITH CIVIL APPLICATION (STAMP) NO. 21374 OF 2018 Three S Health Care Pvt. Ltd.

..

Appellants vs.

M/s. S. S. V. K. Enterprises ..

Respondents Mr. Ashok Saraogi for Appellants.

CORAM : M. S. SONAK, J.

DATE: 14 AUGUST 2018 P.C :

1] Heard Mr. Saraogi, the learned counsel for the appellants in both these appeals.

2] At the very outset, Mr. Saraogi points out that after the impugned orders dated 16th July 2018 were made, the appellants have been dispossessed from the suit premises. 3] In view of the aforesaid statement, at least these two appeals have been rendered infructuous. This is because the appeals were 1/2

skc 13-14-AOST-21343-21371-18.doc against the orders dated 16th July 2018 by which the appellants had sought for temporary injunction to restrain the respondents from dispossessing the appellants otherwise than by due process of law. 4] Mr. Saraogi however submits that the appellants seek to amend the plaints and take out appropriate applications seeking for restoration of possession.

5] Obviously, the appellants, are at liberty to take out such proceedings as may be permissible in law. If such applications / proceedings are taken out, there is no doubt that the same will be considered and disposed of by the learned trial Judge in accordance with law.

6] However, for the present, these appeals will have to be disposed of as infructuous and they are accordingly disposed of as infructuous.

7] Civil Applications do not survive and are disposed of accordingly.

(M. S. SONAK, J.) Chandka 2/2