M/S. Veekaylal Investment Co. Pvt. Ltd. And ANR. v. Court Receiver And ORS.

wp10959 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.10959 OF 2014 Veekaylal Investment Co.

Pvt.Ltd and another

...Petitioners

vs.

Court Receiver and others

...Respondents

Mr.C.M.Korde, Senior Advocate a/w Mr.Milind Jadhav and Mr.Vijay Tiwari i/b Mr.Rajeev Sharma and Manisha Seth for the petitioners Mr.Kevic Setalvad, Senior Advocate a/w Mr.Anupam Surve and Ms Sanju Udayabhanu i/b Nanu Hormasjee & Co. for the respondent Nos.7, 10, 12, 14, 17, 18, 19, 21, 23 to 26.

CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : MARCH 17, 2015 P.C.:

Heard the learned senior counsel for the petitioners. The only substantive prayer under Article 226 of the Constitution of India is for directing the learned Judge of the City Civil Court at Mumbai to dispose of one Chamber Summons of the year 2012, one Notice of Motion of the year 2014 and two Court Receiver's Reports of the year 2012. A judicial notice will have to be taken of the fact that even older matters are pending before the said Court. About 36,000 suits pending in this Court have been transferred to the said Court very recently. Therefore, only the learned Judge before whom the matters are pending can decide whether priority deserves to be given to the hearing of the said

wp10959 matters.

Therefore, we decline to entertain this petition. The Writ Petition is disposed of by granting liberty to the petitioners to apply before the learned Judge before whom the proceedings are pending praying for expeditious disposal of the matters. If such application is made, the learned Judge shall decide the same in accordance with law after taking into consideration the pendency of the old matters before him.

(A.P.BHANGALE,J.) (A.S.OKA,J.)