Anita Fernandes And ANR. v. Sonya Chikhalikar And ANR.

YBG prod-os-502-app-677-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.677 OF 2014 IN NOTICE OF MOTION NO.3429 OF 2010 IN SUIT NO.3637 OF 1999 Mrs. Anita Fernandes & Anr.

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Appellants -VersusMrs. Sonya Chickhalikar & Anr.

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Respondents Mr. Chirag Mody with Mr. Nilesh Tated and Mani Thovan i/b. Mahesh Menon & Co. for appellants Ms. Bharti Narichania i/b. Vibha Jurisconsult Co. for respondent Nos. 1 and 2.

CORAM

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SHANTANU S. KEMKAR & M.S.SONAK, JJ.

DATE :

20th June 2017.

P.C.

1] The challenge in this appeal is to the order dated 30th October 2014, passed by the learned Single Judge in Notice of Motion No.3429 of 2010 filed in Suit No.3637 of 1999. While deciding the said notice of motion, the learned Single Judge has declined the defendants the prayer for vacating and setting aside the ad-interim and interim orders dated 8th October 2001 and 6th November 2003.

YBG prod-os-502-app-677-14 2] It is not in dispute that in the absence of there being any stay of the proceedings in the suit, four witnesses have already been examined. In view of the aforesaid, as agrred to by the learned Counsel for parties, we are disposing of this appeal by observing that any observations made by the learned Single Judge while deciding the Notice of Motion No.3429 of 2010 and the observations made while passing the orders dated 8th October 2001 and 6th November 2003 shall not come in the way of the defendants, while deciding the suit and the suit shall be decided on its own merits and in accordance with law. The appeal and Notice of Motion No.3429 of 2010 both are disposed of accordingly.

(M.S.SONAK, J) (SHANTANU S. KEMKAR, J)