Trevor Joseph Harold D'Sylva And Joan Rosalind Saint-Prix v. A. A. Farms And 5 ORS.

app.241.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 241 OF 2015 IN CHAMBER SUMMONS NO. 602 OF 2010 IN SUIT NO. 1461 OF 1992 Trevor Joseph Harold D'Sylva & Anr.

...Appellants

Versus

A. A. Farms & Ors.

...Respondents

WITH NOTICE OF MOTION NO. 563 OF 2015 IN APPEAL NO. 241 OF 2015 IN CHAMBER SUMMONS NO. 602 OF 2010 IN SUIT NO. 1461 OF 1992 Trevor Joseph Harold D'Sylva & Anr.

...Applicants

IN THE MATTER BETWEEN :

Trevor Joseph Harold D'Sylva & Anr.

...Appellants

Versus

A. A. Farms & Ors.

...Respondents

WITH APPEAL NO. 112 OF 2015 IN CHAMBER SUMMONS NO. 602 OF 2010 IN SUIT NO. 1461 OF 1992 Tirupati Balaji Enterprises & Anr.

...Appellants

Versus

A. A. Farms & Ors.

...Respondents

SQ Pathan 1/2

app.241.15.doc Mr. Atul Singh with Mr. Umesh Tawaria I/b Mr. Gaurav Vijay Gokhale for the Appellants in APP/241/2015 Mr. Raj Patel, Mr. Sunny Punamiya I/b Mahendra Patel & Associates for the Appellant in APP/112/2015 Mr. Sanjiv Gorwadkar, Mr. Sandesh Patil I/b Pawan Patil for the Respondent No. 6 in APP/241/2015 Ms. Geeta Nair, Section Officer from Court Receiver's Office is present CORAM : V. M. KANADE, ACTING C. J & REVATI MOHITE DERE, J.

WEDNESDAY, 20TH JANUARY, 2016 P.C. :

1.

By consent of the parties, the impugned order passed by the learned Single Judge is set-aside, since both the parties have challenged the said order. The matter is remanded back to the learned Single Judge. The learned Single Judge may hear both the parties and decide the Chamber Summons on merits and in accordance with law. All contentions of both the parties are kept open. Liberty is granted to both the parties to file additional affidavits, if so advised.

2.

Both appeals are disposed of accordingly.

REVATI MOHITE DERE, J.

ACTING CHIEF JUSTICE SQ Pathan 2/2