Rajesh Jain And ANR. v. Sundaresh Bhat And ANR.

19-FA-251-2023.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.251 OF 2023 Rajesh Jain and another ] Appellants Vs.

Sundaresh Bhat and another ] Respondents .....

Mr. Gautam Ankhad i/b Mr. Vedchetan Patil a/w Vishwa GadhaikPatil, for Appellants. Mr. Harsh Sheth i/b MDP and Partners, for Respondent No.2-Bank of Baroda.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 18th JULY, 2023.

P.C.

1.

Having heard learned Counsel for the parties for some time, they agreed to remand the case to the trial Court by setting aside impugned order dated 22nd September, 2022 and to admit the suit bearing No.1531 of 2022 under it's original number i.e 1531 of 2022.

2.

As such, case is remanded to the trial Court by setting aside the impugned order dated 22nd September, 2022. The trial Court is directed to admit the suit bearing No.1531 of 2022 under it's original number i.e 1531 of 2022 and determine it in accordance with law.

SHAILAJA SHRIKANT HALKUDE HALKUDE Date: 2023.07.20 17:00:39 +0530

19-FA-251-2023.doc 3.

The trial Court is directed to go through the judgment of the Hon'ble Supreme Court in case of Bank of Rajasthan Limited Vs. VCK Shares and Stock Broking Services Limited (2023) 1 Supreme Court Cases 1.

4.

The parties are directed to remain present before the trial Court on 1st August, 2023.

5.

The appeal stands disposed of in light of the aforesaid observations with no order as to costs.

[PRITHVIRAJ K. CHAVAN, J.]