Munir Akbar Khan v. Chief Executive Officer, And ORS

(1) (922) AOL 29857/15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER (L) NO. 29857 OF 2015 WITH CIVIL APPLICATION (L) NO. 29858 OF 2015 IN APPEAL FROM ORDER (L) NO. 29857 OF 2015 Munir Akbar Khan .. Appellant Vs.

Chief Executive Officer, Aarey Milk Colony, Goregaon & Ors.

.. Respondents Mr. H. S. Venegavkar for the Appellant.

Mr. Mr. Pushpraj Singh for Respondent Nop.4.

CORAM

: MRS. ROSHAN DALVI, J.

DATE : 30 th OCTOBER, 2015.

P.C.

1.

The question that is decided prima facie in the ad interim order refusing the relief to the plaintiff is in respect of whether the IDBI Bank is a nationalized bank and whether the demand draft of the IDBI Bank can be accepted as sufficient compliance of the tender condition. 2.

It is agreed by and between the appellant and respondent No.4 that the trial Court may dispose of the Notice of Motion upon hearing both the parties on this issue. Until that time there shall be an ad interim order in terms of the order of the trial Court dated 28.08.2015 pending the Notice of Motion in the Bombay City Civil Court.

3.

The Appeal from Order and the Civil Application are disposed of accordingly.

(ROSHAN DALVI J.)