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Bombay High CourtRPW/147/2018dismissed

Shadaab Shabbir Patel v. Oscar Builders Pvt. Ltd.

2018-09-21Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

WP7323_2018.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST.) NO. 23466 OF 2018 IN WRIT PETITION No. 7323 OF 2018 WITH REVIEW PETITION (ST.) NO. 23470 OF 2018 IN WRIT PETITION No. 7330 OF 2018 Shadaab Shabbir Patel ... Petitioner Oscar Builders Private Limited & Anr.

... Respondents Mr. Asif Shaikh I/b. Khan Jayed Akhtar, Advocate for the petitioner. Mr. Sameer Pandit a/w. Ms. Madhupreetha Erargo I/b. Wadia Ghandy & Co., Advocate for respondent no. 1.

Mr. Suraj Ayyar I/b. Ganesh & Co., Advocate for respondent no. 2. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 21st September, 2018.

P.C.:

These Review Petitions are filed for review of the orders dated 10th July, 2018 and 13th July, 2018 in Writ Petition No. 7323 of 2018 and Writ Petition No. 7330 of 2018.

2.

The learned counsel for the petitioner submitted that the petitioner is one of the Director of the plaintiff-company and therefore, he has also filed Intervention Application in original two suits and the trial Court has directed the parties to give intimation 1 / 2

WP7323_2018.doc about the withdrawal of the suit, which was not given. This fact was suppressed from this Court when the impugned orders were passed. 3.

The learned counsel appearing for the respondents opposed this Review Petition and submitted that the petitioner had knowledge of the proceedings and 9 suits were already withdrawn. This is the dispute between the builder and the flat purchasers. The respondent-builder has filed these suits and now the suits are withdrawn.

4.

Perused the earlier orders and papers. I am of the view that no ground is made out to entertain this Review Petition as contemplated under Order 47 as also Section 114 of Code of Civil Procedure. Hence, Review Petitions are dismissed.

(MRIDULA BHATKAR, J.) 2 / 2