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Bombay High CourtAPP/459/2018withdrawn

Mohan Gurbaxani v. Darius R. Kavasmaneck And 3 ORS

2018-10-29Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice A.S. Oka2 pages

appl376.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.376 OF 2018 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Amir Arsiwala and Ms Amrita Joshi i/b Law Point for the Appellant Ms Deepti Panda a/w Mr. Mitesh Naik and Ms Mansi Chheda i/b Dhru & Co. for the Respondent.

CORAM : A.S.OKA, & M.S.SONAK,JJ DATE : OCTOBER 29, 2018 P.C.

The learned counsel for the appellant on instructions seeks permission to withdraw this appeal. He, however, submits that all issues be kept open which can be finally decided at the time of final hearing of the suit. Accordingly, the appeal is disposed of as withdrawn.

Needless to say that the findings recorded in the impugned order dated 24th July 2018 are only tentative and prima facie findings recorded for considering the prayer for interim

appl376.doc relief in the Notice of Motion and all issues remain open to be decided at the time of final hearing of the suit.

We may note here that even the order dated 7th June 2010 is also an interim order and the findings recorded therein are also tentative and prima faice findings.

(M.S.SONAK,J.) (A.S.OKA,J.)