Oshiwara Land Development Company Pvt. Ltd. v. Crystal Center

COMAP-323-18.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO.323 OF 2018 IN SUMMONS FOR JUDGMENT NO. 83 OF 2017 ALONGWITH NOTICE OF MOTION NO.695 OF 2018 IN COMMERCIAL APPEAL NO.323 OF 2018 Oshiwara Land Development Company Pvt. Ltd.

.....Appellant.

(Original Defendant) V/s Crystal Center ..... Respondent (Original Plaintiff.) Mr. P.K. Dhakephalkar, Senior Counsel alongwith Mr. Ayaz Bilawala, Ms. Neha Bhat and Mr. Anasamah Sayed i/b M/s Bilawala and Co. Advocates for the Appellant.

Mr. Pravin Samdani, Senior Counsel alongwith Mr. Harshil Parekh and Ms. Dhawani Bokaria i/b M/s Purnanand and Company, Advocates for the Respondent.

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

DATE: 13th December, 2018 P.C.:- 1] For the reasons separately recorded, Appeal is dismissed. Needless to state that the amount deposited by the Appellant in this 1/2

COMAP-323-18.doc Court is permitted to be withdrawn by the Respondent/Decree Holder, as part satisfaction of the decree.

2] Since the Appeal is dismissed, nothing survives in the Notice of Motion taken out therein and the same is also disposed of. (RIYAZ I. CHAGLA J.) (B. R. GAVAI, J.) 2/2