Bhaskar Vastupurti Gruh Nirman Sahakari Sanstha Through The Chairman v. M/S Karan Beer Shopee Prop. Keshar Shankar Harne And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 965 CIVIL APPLICATION NO. 6335 OF 2024 IN WP/11500/2023 Bhaskar Vastupurti Gruh Nirman Sahakari Sanstha ....Applicant

VERSUS

M/s Karan Beer Shopee & others .....Respondents .....

Mr. B. K. Patil, Advocate for Applicant.

Mr. V. S. Undre, Advocate for Respondents.

CORAM : R. M. JOSHI, J.

DATE : 3rd JULY, 2024.

PER COURT :

1.

This motion is moved for modification of the order dated 10.06.2024 passed by this Court wherein in paragraph No. 6, on the basis of statement made by learned counsel for Petitioner, it is observed that it is open for the Petitioners to agitate the issue of maintainability before the Trial Court.

2.

Learned counsel for both the sides make a joint statement that such maintainability was already challenged before the Trial Court and the same is decided. Hence, there is no propriety in giving such liberty.

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In view of this, paragraph No. 6 of order dated 10.06.2024 stands deleted by consent of the parties. ( R. M. JOSHI) Judge dyb