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Bombay High CourtWP/13085/2016rule made absolute

Mr. Chandrasena Patil v. Shah And Jain Construction Pvt. Ltd. And ORS.

2016-11-24Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP13085_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13085 OF 2016 (Chandrasena Vishwas Patil Vs. Shah and Jain Construction Pvt. Ltd. and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Sabir Kumar i/b. Mr. Budhaditya Bhattacharya for Petitioner.

Mr. Gaurav Mehta a/w. Ms Sneha Ghuriani and Ms Vidhi Mehta i/b. M/s. Dhaval Vussonji & Associates for Respondents No.1 to 4.

CORAM : R. G. KETKAR, J.

DATE : 04TH JANUARY, 2017 P.C.:

Not on Board. At the request of Mr. Kumar, taken up in the production Board.

2.

Heard Mr. Kumar, learned Counsel for petitioner and Mr. Mehta, learned Counsel for respondents No.1 to 4. 3.

By order dated 24.11.2016, Writ Petition was disposed of. The learned President of the National Company Law Tribunal, Mumbai Bench, Mumbai was requested to assign the matter to a Judicial Member other than the learned Member, who passed the impugned order. Mr. Bhattacharya has tendered photocopy of the order dated 22.12.2016 passed by the learned Member 1/2

WP13085_16.doc (Judicial). By that order, the learned Member has adjourned the proceedings sine die after taking on record the order dated 24.11.2016 passed by this Court in Writ Petition No.13085 of 2016. Mr. Bhattacharya states that petitioner has already moved the Principal Bench of Tribunal for assigning the matter to some other Member. He assures that he will obtain suitable orders from the Principal Bench within 2 weeks from today for assigning the matter to some other Member. In the meantime, petitioner will also consider adopting proceeding for challenging the direction issued by the learned Member adjourning the proceedings sine die.

4.

In view thereof, the interim relief granted for a period of 6 weeks is extended for a further period of 2 weeks from today. In the meantime, it is expected that the petitioner will obtain suitable orders for assigning the matter to some other Member.

(R. G. KETKAR, J.) Minal Parab 2/2