Texmaco Limited v. Prakash Cotton Mills Pvt Ltd

APP. 508-06 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 508 OF 2006 IN NOTICE OF MOTION No. 2343 OF 2005 IN SUIT No. 1586 OF 1982 WITH APPEAL No. 611 OF 2006 WITH APPEAL No. 792 OF 2007 Texmaco Limited ...

Appellant Vs.

Prakash Cotton Mills Pvt. Ltd.

...

Respondent *** Mr. Farhan Dubhash a/w M/s. Kusum Joshi i/b Mulla & Mulla, for the Appellant.

None for the Respondent.

*** CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ.

DATE : JUNE 8, 2015 PC.

1.

This appeal is filed by the Appellant, challenging the order dated 21st April, 2006 passed by the learned Single Judge, in Notice of Motion No. 2343 of 2005, taken out in Suit No. 1586 of 1982. The learned Single Judge has observed in the said order that order passed on 24.10.2002 is a decree passed under Order 8, Rule 5 1 / 2

APP. 508-06 of the C. P. C. and notice of motion cannot be taken out for setting aside the said decree.

2.

It is an admitted position that the said order has been challenged by filing Appeal Nos. 611 of 2006 and 792/2007. That being the position, this appeal does not survive, and is accordingly disposed of. It is clarified that Appeal Nos. 611/2006 and 792/2007 will be heard on merits and in accordance with law. Appeal No. 508/2006 is accordingly disposed of.

Sd/- Sd/- [B. P. COLABAWALLA, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2