Dhaval Chauhan And ORS v. Sruti Tradeplace Pvt Ltd And ORS

hvn 501-nma-256.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 256 OF 2017 ALONG WITH NOTICE OF MOTION NO.257 OF 2017 IN APPEAL NO. 114 OF 2014 IN REVIEW PETITION (L) NO. 72 OF 2013 IN CHAMBER SUMMONS NO. 1399 OF 2012 AND CHAMBER SUMMONS NO.567 OF 2013 IN TRUST PETITION NO. 2 OF 2012 Dhaval A. Chauhan and Ors.

... Applicants In the matter of :

Dhaval A. Chauhan and Ors.

... Applicants

Versus

Sruti Tradeplace Pvt.Ltd. And Ors.

... Respondents And Jaydeep Mahendra Parmar and Ors.

... Prop. Respondents Mr. R.N. Bhagatjee for the applicants.

Mr.Jeetendra Ranawat i/by S. Lakhaani for R. nos. 4 to 6. CORAM :

SHANTANU KEMKAR & M.S. SONAK, JJ.

JULY 18, 2017 P.C.:

Not on board. Taken on production board, in view of the urgency. 2.

We find that similar prayers have already been rejected by this court on various occasions including vide order dated 16.11.2016. In the circumstances, Notice of Motions are rejected.

hvn 501-nma-256.2017 3.

As regards the appellant's prayer for hearing the appeal finally at the earliest, we find that the Division Bench of this court vide order dated 16.11.2016, after considering all the relevant factors declined such prayer by considering the earlier order dated 9th July, 2015 wherein it is observed that there is no urgency to hear the matter finally. In our view, no priority can be given to hear the matter out of turn on the basis of the events pointed out by the appellant. We find no change in the circumstances to allow similar prayer. Prayer for early hearing is therefore rejected.

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