Damaji Gelabhai Shah And ORS v. Todi Industries Private Limited And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14362 OF 2022 Nautam Damji Shah and ors.

... Petitioners Vs.

Todi Industries Private Limited and ors.

... Respondents ------- Mr.R.A.Shaikh with Ms.Swati Margi and Mr.Hasan Sayed, Advocates for Petitioners.

Mr.Sanjeev K. Rapolu with Mr.Bhushan Deshmukh, Advocates for the Respondent No.1.

------- CORAM : ABHAY AHUJA, J.

DATE : 18 JULY, 2023.

P.C. :

1.

After the matter is heard for some time, Mr.Shaikh, learned counsel for the Writ Petitioners fairly states that a substantive Appeal No.11 of 2023 under section 42 of the Presidency Small Causes Court Act has already been filed against the impugned judgment which is pending. Learned counsel would submit that the ground raised in this petition has also been raised in the appeal.

2.

In this view of the matter, this court does not consider it Priya R. Soparkar

2 6 wp 14362-22-c.doc appropriate to entertain the writ petition. 3.

Let the Appellate Bench of the Small Causes Court hear the appeal and decide the issues raised therein preferably within a period of one year.

4.

Writ Petition accordingly stands disposed.

(ABHAY AHUJA, J.) Priya R. Soparkar