Ruparel Developers India Pvt Ltd v. Panna Sanga And 4 ORS

ash app-290.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No.290 of 2016 IN NOTICE OF MOTION NO.974 OF 2014 IN SUIT NO.325 OF 2014 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Gaurav Joshi, Senior Counsel along with Shri Piyush Raheja and Shri Sanmish Gala i/b Markand Gandhi & Co for the Appellant.

Shri Nishant Sasidharan along with Shri Muzefa Khokawalla and Ms. Gauri Rege i/b Nankani & Associates for the Respondent No.1. - CORAM :

A.S. OKA & G.S.KULKARNI, JJ DATED :

15TH MARCH 2016 P.C.:

.

The learned senior counsel appearing for the Appellant seeks permission to withdraw the Appeal with liberty to take out appropriate proceedings before the learned Single Judge under Rule 4 of Order XXXIX of the Code of Civil Procedure, 1908. 2.

The said prayer is opposed by the learned counsel appearing for the first Respondent. It is

ash app-290.16 obvious that even if appropriate proceedings are filed by the Appellant, all objections of the first Respondent will remain open.

3.

Subject to what is observed above, the Appeal is disposed of as withdrawn with liberty as aforesaid. 4.

All contentions of the parties on merits are kept open.

(G.S. KULKARNI, J) (A.S.OKA, J)