Abedali Mohsin Suratwala v. Aditya Gopal Pillai And ORS

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909. CRA 555-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.555 OF 2019 Mr. Abedali Mohsin Suratwala ...

Applicant

Versus

Mr. Aditya Gopal Pillai And Others ...

Respondents .....

Mr. Aneesh R. Deshpande for the Applicant.

Mr. Ashutosh Gavnekar i/b Neelam Morey for the Respondents. .....

CORAM : S.C. GUPTE, J.

DATE : 04 OCTOBER 2019 P. C. :

.

This Civil Revision Application challenges the impugned order dated 17 June 2019 passed by the Additional Commissioner confirming the order dated 21 March 2018 passed by the Competent Authority. After the matter is heard at some length, it is agreed between learned Counsel for the parties that the impugned order of the Additional Commissioner dated 17 June 2019 as also impugned order of the Competent Authority dated 21 March 2018, may be quashed and set aside and the matter be remanded to the Competent Authority at a stage of leave to defend. The Civil Revision Application is, accordingly, disposed of by quashing and setting aside the orders dated 17 June 2019 and 21 March 2018 and by remanding

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909. CRA 555-19.doc Application No.152 of 2017 to the Competent Authority at the stage of consideration of leave to defend. The Competent Authority is requested to dispose of the application as expeditiously as possible and preferably within a period of three months from today. The Competent Authority may also consider the question of interim compensation to be paid by the Applicant herein pending the application. All rights and contentions of the parties on merits are kept open.

The Applicant is brought on record in place and stead of the original respondent Mrs. Zaitoon Jafferbhai Suratwala and will be able to apply for leave to defend.

(S.C. GUPTE, J.)