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Bombay High CourtRPF/2/2017dismissed

Indian Counter Equity Dealer And ORS. v. Smt. Shehnaz Sani Previously Known As Shehnaz Mudbhatkal

2017-09-15Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi3 pages

OSK 1-rpf-2-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 02 OF 2017 IN FIRST APPEAL NO. 1322 OF 2016

1. Indian Counter Equity Dealer a proprietory firm carrying on business at 303/2, Ivory Tower, Juhu Koliwada Beach, Santacruz (W), Mumbai - 400 049

2. Shobhana Dalal (Neee) Shobhana R. Thakkar, Age 57, Occu. Business, Proprietress of Defendant No.1, residing at 303/2, Ivory Tower, Juhu Koliwada Beach, Santacruz (W), Mumbai-400 049

3. Nikhil Dalal Age 62, Occu.Business, Husband of Defendant No.2 and President of Defendant No.1 residing at 303/2, Ivory Tower, Juhu Koliwada Beach, Santacruz (W), Mumbai-400 049 Petitioners

Versus

Shehnaz Sani previously known as Shehnaz Mudbhatkal Age 51, Occu. Service, residing at A/702, Milton Apartments, Azad Road, Juhu Koliwada, Santacruz (W), Mumbai-400 049.

Respondent 1/3

OSK 1-rpf-2-2017.odt Appearances :- For Petitioners None present.

For Respondent None present.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 15TH SEPTEMBER, 2017.

P.C. :

1] This Review Petition is filed by Original Appellant No.3 in First Appeal No.1322 of 2016. He has filed this Review Petition inperson on his behalf and on behalf of Petitioner Nos.1 and 2, seeking review of the judgment and order passed by this Court on 27th October, 2016 in First Appeal No.1322 of 2016. 2] Perusal of the grounds raised in the Review Petition reveal that by this petition Petitioner is challenging the above said judgment of this Court as "erroneous one" on the grounds which fall within the ambit of "Appeal Memo" and not at all in the four corners of the "Review Petition". As rightly submitted by the Respondent to this Review Petition, the grounds for filing of Review Petition are circumscribed than the grounds for appeal. The scope of Review 2/3

OSK 1-rpf-2-2017.odt Petition cannot be extended to the scope of appeal in disguise. Therefore, this Review Petition being not maintainable stands dismissed.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 3/3