Ronak Gems Private Limited v. Kamalraj Associates And 6 ORS

15-app-164-18 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 164 OF 2018 IN NOTICE OF MOTION NO. 257 OF 2018 IN SUIT NO. 175 OF 2018 WITH NOTICE OF MOTION (L) NO. 411 OF 2018 Ronak Gems Private Limited .. Appellant Vs.

1. M/s. Kamalraj Associates and ors.

.. Respondents Mr. Jitendrakumar G. Damani for appellant.

Mr. Trushar Bhavsar a/w Rutvij Bhatt i/by Manoj Bhatt for respondents. CORAM: NARESH H. PATIL & G. S. KULKARNI, JJ.

JUNE 06, 2018.

P.C.

1.

This appeal is directed against the order dated 28/2/2018 passed by the learned Single Judge in Notice of Motion No. 257 of 2018 in Suit No. 175 of 2018.

2.

The learned counsel appearing for the appellant submits that the proceedings before the Collector has been stayed by the learned Single Judge, which is causing prejudice to the appellant. The learned counsel

15-app-164-18 appearing for the respondents submits that after passing of the impugned order, the Notice of Motion No. 257 of 2018 was heard for further adinterim relief and the said Motion is reserved for order by the learned Single Judge.

3.

Without expressing any opinion on the merits, we observe that the appellant may wait for pronouncement of the order on ad-interim relief in the Notice of Motion. In case the appellant is aggrieved after pronouncement of the said order, appellant is at liberty to take appropriate steps. The appellant is even entitled to seek appropriate modification of the impugned order.

4.

For the present, we are not inclined to interfere in the impugned order. In view of the above stated subsequent development, appeal stands disposed of with liberty.

5.

Notice of Motion (L) No. 411 of 2018 does not survive and is disposed of.

(G. S. KULKARNI, J.) (NARESH H. PATIL,J.)