Shree Ram Urban Infrastructures Ltd v. A Navinchandra Steels Ltd.

APP. 475-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 475 OF 2015 IN SUMMONS FOR JUDGMENT No. 108 OF 2014 IN SUMMARY SUIT No. 626 OF 2014 Shree Ram Urban Infrastructures Ltd.

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Appellant Vs.

A Navinchandra Steels Ltd.

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Respondent *** Mr. M. S. Karnik a/w Bendicha Lobo i/b Katariya & Associates, for the Appellant.

Ms. Amrin Wandrewala a/w K. G. Singhania i/b Singhania & Co., for the Respondent.

*** CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ.

DATE : FEBRUARY 1, 2016 PC.

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After the impugned order was challenged by the Appellants in this appeal, a decree was passed by the learned Single Judge and thereafter the Appellant has filed a separate appeal challenging both the orders, viz. the order passed in this appeal as well as the order by which decree was passed in favour of the Respondent. 1 / 2

APP. 475-15 In this view of the matter, this appeal does not survive. On this ground, the learned counsel appearing on behalf of the Appellant seeks leave to withdraw the appeal with liberty to challenge the order, impugned in this appeal, in Appeal (L) No. 848 of 2015. Hence, appeal is allowed to be withdrawn with liberty, as prayed, and is accordingly disposed of. Refund of court-fees is permitted as per rules.

Sd/- Sd/- [REVATI MOHITE-DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2