Prakash Ganpat Sawant v. Ravindra Babaji Satam And 3 ORS.

19.JO.126.19 in CHSCD,677.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION JUDGES ORDER NO. 126 OF 2019 IN CHAMBER SUMMONS NO. 677 of 2019 IN COMMERCIAL EXECUTION APPLICATION (L) NO. 297 OF 2019 Prakash Ganpat Sawant ...

Applicant/Plaintiff

Versus

Ravindra Babaji Satam & Ors.

...

Defendants Mr. Prakash G. Sawant, Applicant present in person. Ms. Jyoti Chavan, A.G.P. for Respondent Nos.3 and 4. CORAM : R.I. CHAGLA, J.

DATED : 29th JULY, 2019.

P.C. :

This Judges Order seeks leave under Section 2 of the Maharashtra Vexatious Litigation (Prevention) Act, 1971, to continue the proceedings in Chamber Summons No.677 of 2019 in Commercial Execution Application (L) No.297 of 2019 in S.L.P.C.C. No. 30498 of 2018 in Commercial Appeal No.79 of 2018 in Judge's Order No. 146 of 2017 in Pauper Petition No.4 of 1996 in Suit No.3993 of 1997 filed in this Court. By an order dated 25.11.2003 in Misc. Petition No.35 of 2003 taken out Waghmare 1/2

19.JO.126.19 in CHSCD,677.19.doc under Section 2 of the Maharashtra Vexatious Litigation (Prevention) Act, 1971, this Court directed the Applicant not to initiate any proceedings in this Court in respect of subject matter in Suit No.3993 of 1997 unless the Applicant obtains leave of this Court as per Section 2 of the said Act. The learned Counsel for the Respondent has informed this Court that the Suit has been dismissed and, thereafter, the Appeal also from the dismissal of the Suit has been dismissed as well as SLP has been rejected by the Supreme Court.

Accordingly, there is no question of granting leave to the Applicant under Section 2 of the Maharashtra Vexatious Litigation (Prevention) Act, 1971, to continue proceedings in a dismissed Suit. Accordingly, Judges Order is rejected.

(R.I. CHAGLA, J.) Waghmare 2/2