Aruna Harshad Shah And 4 ORS v. Fizzah Navnitlal Shah And ANR

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.644 OF 2015 ALONG WITH NOTICE OF MOTION (LODGING) NO.2364 OF 2015 Aruna Harshad Shah & Ors.

....

Appellants V/s.

Fizzah Navnitlal Shah & Anr.

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Respondents Mr. Kunal Dwarkadas a/w. Mr. Amrut Joshi, Mr. Rushabh Sheth and Ms. Pooja Batra, i/by M/s. M.S. Bodhanwalla & Co., for the Appellants. Mr. Pravin Samdhani, Sr. Counsel, a/w. Mr. Mayur Khandeparkar and Ms. Kirtida Chandarana, i/by Mr. Mahernosh Humranwala, for Respondent No.1. CORAM : V.M. KANADE & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 26 TH OCTOBER, 2015.

P.C. :

1.

Heard learned counsel for the parties.

2.

This Appeal is filed against the order dated 6th August, 2015 passed by the learned Single Judge of this Court in Notice of Motion (Lodging) No.2026 of 2015, thereby refusing to grant ad-interim reliefs. The said Notice of Motion is kept for final disposal on 30th October, 2015. 1/2 APP-644-15-NMAL-2364-15.doc

3.

Under these circumstances, we are not inclined to interfere with the impugned order dated 6th August, 2015, refusing to grant ad-interim reliefs. Appeal, therefore, stands disposed of. 4.

It is clarified that the observations made by the learned Single Judge, obviously, are of prima facie nature.

5.

All the contentions of both the parties are kept open. 6.

In view of the above, the Notice of Motion (Lodging) No.2364 of 2015 pending in the Appeal does not survive and the same is disposed of accordingly.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [V.M. KANADE, J.] 2/2 APP-644-15-NMAL-2364-15.doc