Peerless Consdtructions Pvt. Ltd. v. Borivali Om-Shri Krishna Co-Op. Housing Soc. Ltd. And 33 ORS

12-COMAP-41-2020 IN COMSL-1224-2019+.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION COMMERCIAL APPEAL NO. 41 OF 2020 IN COMMERCIAL SUIT (L) NO. 1224 OF 2019 Peerless Constructions Pvt Ltd ...Appellant

Versus

Borivali Om-Shri Krishna Coop Housing Soc Ltd & Ors

...Respondents

WITH INTERIM APPLICATION (L) NO. 22641 OF 2021 IN COMMERCIAL APPEAL NO. 41 OF 2020 Peerless Constructions Pvt Ltd ...Appellant

Versus

Borivali Om-Shri Krishna Coop Housing Soc Ltd & Ors

...Respondents

SHEPHALI SANJAY MORMARE by SHEPHALI SANJAY MORMARE Date: 2022.06.30 18:23:48 +0530 WITH INTERIM APPLICATION NO. 41 OF 2020 IN COMMERCIAL APPEAL NO. 41 OF 2020 Peerless Constructions Pvt Ltd ...Appellant

Versus

Borivali Om-Shri Krishna Coop Housing Soc Ltd & Ors

...Respondents

30th June 2022

12-COMAP-41-2020 IN COMSL-1224-2019+.DOC Mr Mayur Khandeparkar, with Vikhil Dhoka & M Bindora, i/b GM Legal, for the Appellant.

Mr Charles DeSouza, Nikhil Rajani, i/b M/s V Deshpande & Co, for Respondents.

CORAM

G.S. Patel & Prithviraj K Chavan, JJ.

DATED:

30th June 2022 PC:- 1.

Mr Khandeparkar for the Appellants submits that events have overtaken the Appeal. The Respondents seem to have appointed another developer. The Appellants will need to make the necessary application before the learned Single Judge.

2.

At Mr Khandeparkar's request, we allow him to withdraw the Appeal in light of these events, clarifying that we have made no any assessment on merit. All contentions are kept open. 3.

The Appeal is disposed of in these terms. In view of this, the pending Interim Applications do not survive and all disposed of as infructuous.

(Prithviraj K Chavan, J) (G. S. Patel, J) 30th June 2022