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Bombay High CourtWP/14095/2018disposed offdismissed for default

Vishwa Bharti Foods Private Limited Thorugh General Manager v. Anoop Shantilal Gordia And Others

2018-12-19Hon'Ble Shri Justice Nitin Jamdar2 pages

dbm 1 wp14095.18 dt. 19.12.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14095 OF 2018 Vishwa Bharti Foods Private Limited thorugh General Manager

...Petitioner

VERSUS

Anoop Shantilal Gordia and others

...Respondents

Mr. R.F.Totala h/f Mr. Karwa Ramanand A., advocate for Petitioner Coram : N.M. Jamdar, J.

Date : 19 December 2018.

Oral Order :

Learned counsel for the petitioner states that though the learned Civil Judge has opined that the case is not made out for attachment before judgment, it is a fit case where at least an injunction against the respondents not to create third party right needs to be granted. He states that he will apply to the learned Civil Judge for the said relief and seeks leave to withdraw the petition.

dbm 2 wp14095.18 dt. 19.12.2018 2.

Writ Petition is accordingly disposed of as withdrawn with liberty. Application, if filed, will be considered on its own merits keeping in mind that the observations in the impugned order are in the context of attachment before judgment, which is a higher relief than the injunction not to create third party rights. N.M.Jamdar, J.