Eliza Saldanha v. Leena Dsouza And Others

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2023.02.14 14:39:04 +0530 901-ao 77-23@ia 1051-23.odt PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 77 OF 2023 IN NOTICE OF MOTION NO.4313 OF 2022 WITH INTERIM APPLICATION NO. 1051 OF 2023 Eliza Saldanha ...Appellant Vs.

Leena D'souza & Ors.

...Respondents

__________ Mr. Vishal Pattabiraman i/b. Mr. Jayesh Mestry for Appellant. Mr. J.S. Kini with Mr. Aum Kini i/b. Ms. Sapna Krishnappa for Respondent No.1.

Mr. S.M. Seegarla for Respondent Nos.3, 5 & 6. __________ CORAM : G.S. KULKARNI, J.

DATE : FEBRUARY 10, 2023 P.C.:

1.

On an application being moved on behalf of the appellant, this appeal is listed today for withdrawal.

2.

Learned counsel for the appellant seeks leave to withdraw this appeal with liberty to the appellant to raise all contentions in the pending Notice of Motion No.4313 of 2022. Mr. Kini, learned counsel for respondent no.1 states that in so far as the disclosure in respect of shareholdings is concerned, his client would make a disclosure before the trial Court. Statement of Mr. Kini is accepted. All contentions in regard to the disclosure are expressly kept open to be urged before the learned trial Judge.

3.

Allowed to be withdrawn with liberty as prayed for. Disposed of. No costs.

------------------------- 10 February, 2023

901-ao 77-23@ia 1051-23.odt 4.

In view of disposal of the appeal, interim application would not survive. It is accordingly disposed of.

5.

Liberty to apply for early hearing of Notice of Motion. [G.S. KULKARNI, J.] ------------------------- 10 February, 2023