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Bombay High CourtAPP/246/2018disposed off

Sarah Enterprises And ANR v. Borivali Sai Suman Chs Ltd And 3 ORS

2018-06-07Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Naresh H. Patil2 pages

pvr 906appl242-nmal501-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Appeal (Lodg) NO. 242 OF 2018 IN Arbitration Petition (L)No.485 of 2018 1.Sarah Enterprises & Anr.

...Appellants

Versus

1.Borivali Sai Suman CHS Ltd. & Ors.

...Respondents

WITH Notice of Motion (Lodg)No. 501 OF 2018 --- Mr.Gul A.Madnani, for the Appellants.

Mr.Amar Mishra i/b. SRM Law Associates, for the Respondents. --- CORAM: NARESH H.PATIL AND G.S.KULKARNI, JJ DATED:

7th June, 2018 --- P.C.:

1.

The appeal is filed against the ad-interim order dated 5 May 2018. Subsequently, the learned Single Judge has passed order dated 16 May 2018. We have perused both the orders. The learned Counsel appearing for the appellants submits that there is fresh proposal to be submitted and to be taken into consideration by the other side.

pvr 906appl242-nmal501-18.doc 2.

The appellants are free to place such a proposal before the learned Single Judge and a copy of the same be handed over to the other side.

3.

The learned Counsel for the appellants submits that the directions issued by the learned Single Judge to the partners of defendant no.1 to file their affidavit disclosing the assets of their firm as well as their personal assets and the assets of their immediate family members be modified.

4.

For the present, the partners of defendant no.1 shall file their affidavit disclosing the assets of the firm as well as their personal assets (encumbered and unencumbered) including statements of their bank accounts of the last three years and also their Income Tax returns. 5.

With this modification, the appeal is disposed of. 6.

In view of disposal of the appeal, the pending notice of motion (lodg)no.501 of 2018 is also disposed of. (G.S.KULKARNI, J.) (NARESH H. PATIL, J.)