Ashok Mohan Vernekar And 2 ORS v. Keshav Construction Co. And 2 ORS

8-COMAP-439-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO. 439 OF 2018 IN COURT RECEIVER REPORT NO. 220 OF 2017 IN COMMERCIAL EXECUTION APPLICATION NO. 4 OF 2017 WITH NOTICE OF MOTION (L) NO. 352 OF 2018 WITH CHAMBER SUMMONS (L) NO. 1263 OF 2018 Ashok Mohan Vernekar & Ors.

...Appellants

Versus

Kehsav Constitution Co. & Ors.

...Respondents

---------- Mr. V.P. Sawant, a/w Mr. Shivaji Masal, for the Appellant/Applicant.

Mr. Vishal Talsania, with Mr. Amit Shroff, for the Respondent No. 1.

---------- CORAM :

B.R. GAVAI & RIYAZ I. CHAGLA, JJ.

DATE : 27 November 2018 1 / 2 November 27, 2018

8-COMAP-439-18.doc ORDER :

1.

The learned Counsel for the Appellant seeks liberty to withdraw the Appeal by adopting such remedy as available in law, after the matter was argued at some length and when the Court observed that the Appeal is not tenable. This in view of the Judgment of the Division Bench of this Court in a case of Sushila Singhania (Smt.) & Ors. Vs. Bharat Hari Singhania & Ors.1.

2.

Hence, the Appeal is disposed of as withdrawn. 3.

Needless to state that this Court has not gone into the merits of the case. The issues raised in the Appeal are kept open.

4.

In view of dismissal of the Appeal, the Notice of Motion and the Chamber Summons stand disposed of. [RIYAZ I. CHAGLA J.] [B.R. GAVAI, J.] 2017(4) Bom.C.R. 348 2 / 2 November 27, 2018