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Bombay High CourtAPP/5/2023disposed off

Rosy John Gomes And 9 ORS v. Ajay Gokuldas Shah And ANR

2023-01-11Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Rajesh S. Patil2 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2023.01.13 11:35:24 +0530 1/2 903&904-app-5&6-23.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 5 OF 2023 IN INTERIM APPLICATION NO. 2910 OF 2021 WITH INTERIM APPLICATION (L) NO.477 OF 2023 IN APPEAL NO.5 OF 2023 Rosy John Gomes And 9 Ors ...Appellants

Versus

Ajay Gokuldas Shah And Anr

...Respondents

WITH APPEAL NO. 6 OF 2023 IN INTERIM APPLICATION NO. 626 OF 2021 WITH INTERIM APPLICATION (L) NO.495 OF 2023 IN APPEAL NO.6 OF 2023 Roslyn Wilfred Gonsalves ...Appellant

Versus

Ajay Gokuldas Shah

...Respondent

---- Mr. K. T. Kukreja a/w Mr. Suraj Dube and Ms Chandni Sabnani i/b Mr. Sharath Pai for appellant.

Mr. Pesi Modi, Senior Advocate, a/w Mr. Neville Laskhari and Mr. Meit Sampat i/b Little & Co. for Respondent Nos.1, 2 and 17 in APP/5/2023. Ms Samidra Surve a/w Mr. Meit Sampat i/b Little & Co. for Respondent Nos.1, 2 and 17 in APP/6/2023.

Mr. S. A. Jabbar a/w Mr. Parag S Gosar i/b Mr. Jayesh Vyas for Respondent Nos. 20 and 21.

---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL JJ DATED : 11th JANUARY 2023 Meera Jadhav

2/2 903&904-app-5&6-23.doc P.C. :

After the appeals were heard for sometime, Mr. Kukreja on instructions seeks leave of the court to withdraw the appeals with liberty to take out the review petitions, if advised. Mr. Mody states if at all, the petitions are taken out, his clients will oppose any such petition. Appeals dismissed as withdrawn with liberty as prayed for. Appellant may file review petitions as advised and respondent, as advised to oppose any such action that appellant may commence. We clarify that we have not made any observations even on the maintainability of any such action. The Learned Single Judge is requested to proceed with the hearing of notice of motion no.401 of 2014 and notice of motion no.616 of 2014 expeditiously as per court's convenience.

All interim applications disposed.

(RAJESH S PATIL, J.) (K.R. SHRIRAM, J.) Meera Jadhav