Sumanth Chander Bolar v. Bharatkumar Amritlal Thakar And 4 ORS

25-OSAPP-102-2020-IN-NMS-2327-2019.DOC rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 102 OF 2020 IN NOTICE OF MOTION NO. 2327 OF 2019 Sumanth Chander Bolar ...Appellant

Versus

Bharatkumar Amritlal Thakkar & 4 Ors

...Respondents

Mr Abhishek L Tripathi, for the Appellant.

Ms Kanchan Rane , Official Assignee present.

CORAM

G.S. Patel & Gauri Godse, JJ.

DATED: 25th July 2022 PC:- 1.

After some arguments, learned counsel for the Appellant seeks leave to withdraw the appeal and also seeks a clarification that the observation in the impugned order rejecting ad-interim reliefs be treated as prima facie and not binding on the Court hearing the Notice of Motion No. 2327 of 2019. This is a reasonable submission and we accept it. Any observations in the ad-interim order will not be binding on the Court hearing the Motion finally. Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.07.26 17:33:53 +0530 RAJESHWARI RAMESH PILLAI 25th July 2022

25-OSAPP-102-2020-IN-NMS-2327-2019.DOC 2.

We are told that there is an Affidavit in Reply on behalf of Respondents Nos. 1 to 3 limited to opposing the ad-interim reliefs. To save time we pass following directions.

(a) An Affidavit in Reply to the Interim Application is to be filed and served by 17th August 2022.

(b) A Rejoinder is permitted to be filed and served by 30th August 2022.

(c) Liberty to the Plaintiffs to apply to the learned Single Judge for an early hearing of the Notice of Motion. 3.

All contentions are expressly kept open.

4.

The Appeal is disposed of as withdrawn in the foregoing terms.

(Gauri Godse, J) (G. S. Patel, J) 25th July 2022