Ankur C.H.S. Ltd. v. N.R.C. Construction Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13145 OF 2016 Ankur C.H.S.Ltd.

...Petitioner

Versus

N.R.C Construction Ltd.

...Respondent

Mr.Ashutosh R.Gole for the Petitioner.

Shweta Singh i/b Viral Vora for Respondent.

CORAM:

M.S.KARNIK,J DATED:

2nd February, 2017 PC:- 1.

Learned counsel for the Respondent has placed on record Roznama dated 28th November 2016, wherein it has been recorded that on the request of the Advocate for the Plaintiff, the Suit is adjourned for hearing on valuation of the Suit and Chamber Summons No. 2372 of 2015. The matter was adjourned to 21st December 2016 for hearing on

valuation of Suit and Chamber Summons No. 2372 of 2015. Roznama is taken on record.

2.

In this view of the matter, by keeping all the contentions of the parties open on the issue of valuation of the Suit, the present Petition can be disposed of in terms of the Minutes of Order filed by the parties. Learned Advocates for the parties have filed Minutes of the Order which is taken on record and marked "X" for identification, which reads thus: ''1. In view of orders dated 28/11/2016 and 21/12/2016 passed by the Ld. City Civil Court, Mumbai, thereby adjourning the Suit No.3835 of 2013 for hearing on valuation, the impugned order dated 22/10/2016 is set aside.

2. The Ld. City Civil Court, Bombay is directed to hear the parties on the issue of valuation of the suit afresh.

All contentions of the parties on the issue of valuation of the suit are kept open to be agitated before the Ld. City Civil Court.

4. Writ Petition is disposed of in terms of the above directions.

5. No order as to costs''.

3.

The Writ Petition is accordingly disposed of in terms of the Minutes of Order. No order as to costs. (M.S.KARNIK,J )