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Bombay High CourtAPP/305/2019disposed off

The Bombay Diocesan Trust Association Private Limited v. Chankya Gyan Kendra Though Its Trustees (1a To 1c) And ANR

2019-04-09Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice R.M. Borde2 pages

25-APPL-116-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODG.) NO. 116 OF 2019 IN NOTICE OF MOTION (LODG.) NO. 3226 OF 2018 IN SUIT NO. 233 OF 2018 The Bombay Diocesan Trust Association Private Limited .. Appellant Vs.

Chankya Gyan Kendra & Ors.

.. Respondents Mr.Aspi Chinoy, Senior Advocate I/b Mehul Shah & D.S. Bhatia for appellant.

Ms.Upasana Vasu, I/b Wadia Ghandy & Co. for respondent No.1. Mr.Anoshak Daver a/w. Mr.Nikhil Mishra, for respondent No.2. CORAM : R. M. BORDE & N.J. JAMADAR, JJ.

DATE : 9TH APRIL 2019 P.C.

At the ad-interim stage of the proceedings, the instant appeal need not be entertained. Both the learned counsels appearing for the parties state before us that the Notice of Motion is likely to be listed before the learned Single Judge on 24th April 2019 and they would make joint request to the learned Single Judge to take up the Notice of Motion for consideration on the aforesaid date.

The learned Single Judge may consider the joint request of both the parties and may take up the Notice of Motion No.3226 of 2018 for Shraddha Talekar PS 1/2

25-APPL-116-2019.doc consideration and may pass appropriate orders on the aforesaid date or preferably within a period of two weeks therefrom. It is clarified that the Court has not considered the merits of contentions raised by either of the parties and it would be open for the learned Single Judge to decide the Notice of Motion on its own merit and in accordance with the provisions of law.

The appeal is accordingly stands disposed of. [ N.J. JAMADAR, J. ] [ R. M. BORDE, J.] Shraddha Talekar PS 2/2