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Bombay High CourtNMS/92/2017disposed off

Pllanet M Retail Ltd. v. Life Insurance Corporation Of India And ANR

2019-06-07Hon'Ble Shri Justice B.P. Colabawalla2 pages

spb/ 28nms-92-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 92 OF 2017 IN SUIT NO. 235 OF 2014 Tricklers Recreation Pvt. Ltd., ... Applicant.

In the matter between :

Planet M. Retail Limited ... Plaintiff.

V/s.

Life Insurance Corporation & Anr.

...

Defendants.

--- Mr. P. J. Thorat, Advocate for the Plaintiff. None for the Applicant/Defendant.

--- CORAM : B. P. COLABAWALLA, J.

DATE : JUNE 07, 2019.

PC :

None appears on behalf of Defendant No. 2.

This Notice of Motion has been filed by Defendant No.2, seeking to recall, cancel and set aside the order dated 14.01.2016, passed by this court in the present Suit. Borey 1/2

spb/ 28nms-92-17.odt I find this Motion to be wholly misconceived. This very order which is sought to be recalled was subjected to an appeal in Appeal (Ldg.) No. 87 of 2016. The Division Bench of this Court by its order dated 02.03.2016, dismissed the Appeal and upheld the order of this court passed on 14.01.2016. In these circumstances, this Notice of Motion is wholly misconceived and is accordingly dismissed.

(B. P. COLABAWALLA, J.) .....

Borey 2/2