Cable Corporation Of India Limited v. State Of Maharashtra, Thr. The Additional Chief Secretary And ORS.

Neeta Sawant 1/2 904-AO-788-2023-speaking order.doc 21 September 2023.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 788 OF 2023 WITH INTERIM APPLICATION NO. 15619 OF 2023 Cable Corporation of India Ltd.

...Appellant V/s.

State of Maharashtra, Thr. The Additional Chief Secretary and Ors.

...Respondents

--- Mr. S.U. Kamdar, Senior Advocate with Mr. Dharam Jumani, Mr. Munaf Virjee, Mr. Yash Momaya, Mr. Nupur Jalan and Mr. Rushabh Parekh i/by. AMR Law, for the Appellant.

None for the Respondent.

CORAM : SANDEEP V. MARNE, J.

Dated : 21 September 2023.

P.C. :

1.

Mr. Kamdar, the learned Senior Advocate appearing for the Appellant, on instructions seeks leave to withdraw the Appeal with liberty to file a proper application before the City Civil Court for amendment of the plaint for the purpose of adding 'Kanakia

Neeta Sawant 2/2 904-AO-788-2023-speaking order.doc 21 September 2023.

Developers' as a party Defendant and for incidental amendments. He also seeks liberty to file fresh Notice of Motion for grant of interim and ad-interim relief after carrying out the amendment. 2.

Reserving the liberties as prayed for, the Appeal is allowed to be withdrawn and disposed of. All contentions of the parties are kept open. Fresh Notice of Motion for grant of interim and ad-interim reliefs, if filed by the Appellant, shall be decided by the City Civil Court on its own merits without being influenced by is earlier order.

3.

With disposal of the Appeal, Interim Application No. 15619/2023 does not survive. The same is disposed of as having become infructuous.

SANDEEP V. MARNE, J.

Note : Corrections are carried out in para-2 of the order only pursuant to speaking to minutes order dated 26 September 2023. NEETA SHAILESH SAWANT NEETA SHAILESH SAWANT Date: 2023.09.29 17:02:14 +0530