Ashita N.Patel And ANR v. National Spot Exchange Limited And 49 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.254 OF 2015 ALONG WITH APPEAL (L) NO. 256 OF 2015 ALONG WITH APPEAL (L) NO.257 OF 2015 ALONG WITH APPEAL (L) NO.258 OF 2015 IN NOTICE OF MOTION (L) NO.460 OF 2016 IN SUIT (L) NO.160 OF 2015 APPEAL (L) NO.254 OF 2015 Ashita N. Patel and Another ..

Appellants Vs National Spot Exchange Limited and Others.

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Respondents - Shri Naushad Engineer i/b Shri Ravindra Mungekar for the Appellants. Dr.Birendra Saraf, Shri Chirag Kamdar, Ms. Anuja Jhunjhunwala and Shri A. Sudulla Thanyal i/b Naik Naik & Co for the Respondent No.1. - APPEAL (L) NO.256 OF 2015 Zircon Finance and Leasing Pvt. Ltd. & Ors.

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Appellants Vs National Spot Exchange Limited and Others.

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Respondents - Shri Dinyar Madon for the Appellants.

Dr.Birendra Saraf, Shri Chirag Kamdar, Ms. Anuja Jhunjhunwala and Shri A. Sudulla Thanyal i/b Naik Naik & Co for the Respondent No.1. - APPEAL (L) NO.257 OF 2015 Kamlesh Lalbhai Patel & Others.

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Appellants Vs National Spot Exchange Limited and Others.

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Respondents -

Shri Naushad Engineer i/b Shri Ravindra Mungekar for the Appellants. Dr.Birendra Saraf, Shri Chirag Kamdar, Ms. Anuja Jhunjhunwala and Shri A. Sudulla Thanyal i/b Naik Naik & Co for the Respondent No.1. - APPEAL (L) NO.258 OF 2015 Jayesh Pannalal Choksi.

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Appellant Vs National Spot Exchange Limited and Others.

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Respondents - Shri Dinyar Madon for the Appellants.

Dr.Birendra Saraf, Shri Chirag Kamdar, Ms. Anuja Jhunjhunwala and Shri A. Sudulla Thanyal i/b Naik Naik & Co for the Respondent No.1. -- CORAM :

A.S. OKA & G.S.KULKARNI, JJ DATED :

8TH MARCH 2016 P.C.

1.

Heard the learned senior counsel appearing for the Appellants. While passing the impugned order dated 2nd March 2015 which is the ad-interim order, the Appellants were not present before the learned Single Judge. Considering the contentions raised in the Appeals, remedy of the Appellants is to move the learned Single Judge for modification/vacation of the ad-interim order. Learned counsel appearing for the original Plaintiff states that for a period of eight weeks from today, no action will be initiated against the Appellants on the basis of the ad-interim directions issued in terms of the prayer clause (d) of the Notice of Motion (L) No.460 of 2015. We accept the said statement.

2.

By granting liberty to the Appellants to move the leaned Single Judge as aforesaid, we dispose of the Appeals. All contentions on merits are kept open. Notice of Motion is disposed of accordingly. (G.S. KULKARNI, J) ( A.S. OKA, J )