Patil Service v. Chetan M Javeri And ORS

Digitally signed by VINA ARVIND KHADPE Date:

2021.12.14 10:42:26 +0530 VINA ARVIND KHADPE Vina Khadpe (5).wp.8154.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITON NO. 8154 OF 2021 Patil Service ... Petitioner V/s.

Chetan M Javeri and ors.

... Respondents Mr.Pradip R Kadam for the Petitioner.

Mr. Mayur Khandeparkar a/w Mr. Yadunath Chandwani, Mr. Chinmaya Acharya, Mr. Nikhil Adkane i/b. Kevin Pereira for the Respondent Nos.1 to 3. Mr. Sankit Jain i/b. P & A Law Offices for the Respondent No.4. CORAM : A.S. GADKARI, J.

DATE : 6th December 2021.

P.C. :

1.

At the outset, Mr. Mayur Khandeparkar learned Counsel appearing for Respondent Nos.1 to 3 raised a preliminary objection and submitted that, against the impugned Order dated 30th October, 2021 passed by the Trial Court a substantive Revision under Section 42(4) of the Presidency and Small Causes Court Act, 1988, would lie before the Court of Small Causes, Mumbai (Bandra Branch). 2.

Mr. Pradip Kadam, learned Advocate for the Petitioner fairly conceded to the said legal position and submitted that he may be permitted to withdraw the present Writ Petition with liberty to file a substantive Revision before the Court of Small Causes, Mumbai (Bandra Branch) against the impugned Order dated 30th October, 2021 passed by the Trial Court.

Leave and liberty granted.

3.

Writ Petition is disposed off with aforesaid liberty. [A.S. GADKARI, J.] 1/1