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Bombay High CourtAO/29/2022disposed off

Bhavanji Shamji Shah v. M/S. K.R. Shoppers Pvt. Ltd. And Others

2022-04-04Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 43 AO 29-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.29 OF 2022 WITH INTERIM APPLICATION NO. 184 OF 2022 IN APPEAL FROM ORDER NO.29 OF 2022 Bhavanji Shamji Shah ..

Appellant

Versus

M/s.K.R. Shoppers Pvt.Ltd & ors ..

Respondent ...

Mr. Atharva Dandekar, Nirav Marjudi and Vinay Shingada i/b M/s.Solicis Lex for the appellant.

Mr.Anoop Patil with Om Suryawanshi for the respondent MCGM.

Mr.R.R. Sharma for respondent nos.1 and 2.

CORAM: BHARATI DANGRE, J.

DATED : 4th APRIL, 2022 P.C:- The present AO assail the refusal of ad-interim relief in favour of the plaintiff by order dated 1/12/2021. The Appeal being filed on 17/1/2022, the interim protection in favour of the appellant which was granted by the Trial Court by order dated 22/12/2021 was continued and it is in operation even till today.

Tilak

2/2 43 AO 29-22.doc It is submitted by the learned counsel for the appellant that the contesting respondent i.e. respondent nos.1 and 2 is likely to file their reply to the Notice of Motion within a day or two.

If the Corporation is also desirous of filing their response to the Notice of Motion, granting them liberty to do so, within a period of one week, the parties shall complete the pleadings in L.C. Suit No.2660 of 2021 by exchanging the pleadings within one week from today.

Upon the pleadings being completed, the City Civil Court, Dindoshi shall take up the Notice of Motion for hearing by fixing a date as per the Court's convenience within a period of one week thereafter and shall conclude the proceedings in Notice of Motion within a period of two weeks. In any case the proceedings shall be culminated on or before 30/4/2022. The interim protection in favour of the original plaintiff/appellant shall continue to remain in force till 30/4/2022.

Appeal from Order is disposed off.

In view of the disposal of the AO, IA No.184/2022 does not survive and is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak