Jehangir Nariman Dorabjee And Others v. Dorabjee And Company Private Limited Thr. Managing Director, Mr. Farsheed Patell

Trupti 902-comao-18-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL APPEAL FROM ORDER NO. 18 OF 2022 WITH INTERIM APPLICATION NO. 30344 OF 2022 IN COMMERCIAL APPEAL FROM ORDER NO. 18 OF 2022 Jehangir Nariman Dorabjee & Others ...

Appellants versus Dorabjee & Company Private Limited ...

Respondent ......

Mr.Dinyar Madon, Senior Advocate with Mr.Aditya Chitale, Mr. Ameet Deshpande, Mr. Sumedh Ruikar and Ms. Priya Singh i/b. RKD Legal Services for the Appellants.

Mr.Nishad Nadkarni with Mr.Aasif Navodia and Ms. Khushboo Jhunjhunwala i/b. Khaitan and Co. for the Respondent. ......

CORAM : NITIN JAMDAR, ACJ & ARIF S. DOCTOR, J.

DATE : 27 JUNE 2023 P.C.:

Heard the learned Counsel for the parties.

2.

This Appeal has been substantially heard on the preliminary objection raised by the Respondent regarding maintainability of the Appeal. After arguing the matter for some time, the learned Senior

Trupti 902-comao-18-2022.doc Advocate for the Appellants accepts the preliminary objection and states that the Appeal will be withdrawn to pursue the remedies as are available in law. The learned Senior Advocate for the Appellants states that the interim relief which is operating in this Appeal be continued for some time so as to enable the Appellants to pursue the remedies. The learned Counsel for the Respondent opposes any extension.

3.

We note that by the impugned order what has been directed is disclosure and the impugned order is stayed by interim order passed in Appeal dated 23 January 2023 as varied on 14 March 2023. 4.

Considering this position and for the above purpose, we dispose of the Appeal as withdrawn and continue the interim order dated 23 January 2023 as varied on 14 March 2023 for a period of four weeks from today. All contentions of the parties are kept open. Needless to state that if the Appellants move any proceeding, the same would be considered on its own merits.

5.

In view of disposal of the Appeal, pending Application is accordingly disposed of.

ARIF S. DOCTOR ACTING CHIEF JUSTICE