Shri. Jayesh Tana Director Of Itmc Developer Pvt. Ltd v. Mrs. Radha Arakkal And ANR.

P.H. Jayani 904 SAST32470.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST.) NO. 32470 OF 2018 WITH CIVIL APPLICATION NO. 1537 OF 2018 IN SECOND APPEAL (ST.) NO. 32470 OF 2018 Jayesh Tanna ....Appellant V/s.

Radha Arakkal & Anr.

....Respondents Mr. Karan Bhosale a/w. Mr. Abhay Arora i/b. NDB Law for the appellant.

Ms. Chaitra Rao for the respondents.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 18TH DECEMBER, 2018.

P.C.:

.

In the light of the judgment dated 04/09/2018 passed by this Court (Coram : A.M. Dhavale, J.), Mr. Karan Bhosale, learned counsel for the appellant, under instructions, seeks leave to withdraw the appeal alongwith all pending civil applications with liberty to file appropriate proceedings.

2.

Leave with liberty is granted. Appeal is dismissed as withdrawn. All pending civil applications stands disposed of in view of dismissal of the appeal.

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P.H. Jayani 904 SAST32470.18.doc 3.

The learned counsel for the appellant submits that the matter is listed before MahaRERA Appellate Tribunal for issuance of warrant of attachment. He prays that the appellant be protected for a limited period so as to enable him to approach the appropriate Court and obtain the interim relief.

4.

In the light of above, no coercive action be taken against the appellant for a period of eight days.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2