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Bombay High CourtCAF/2809/2015dispossed offdismiss for default

M/S. Kloud Data Labs Pvt. Ltd. Central Facility Building, Nagpur, Thr. Its Manager, Prakash Mankar v. Maha. Airport Devp. Company Ltd., Through Its Vice Chairman And Managing Director And Others

2015-10-30Hon'Ble Shri Justice A.S. Chandurkar2 pages

909-CAF-2809-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2809 OF 2015 IN FIRST APPEAL NO.778 OF 2015 M/s Kloud Data Labs Pvt. Ltd. Central Facility Building Thr. its Manager, Prakash Mankar -vs- Maha. Airport Development Com. Ltd. Thr. Vice Chairman & Managing Driector & Ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Tushar Mandlekar, Advocate for appellant. CORAM : A.S.CHANDURKAR, J.

DATE : October 30, 2015 In the application supported by affidavit of the appellant it has been stated that inadvertently it had been mentioned that the order of status-quo granted on 26/07/2013 was in operation till the suit was dismissed. It is stated that after aforesaid status-quo was granted on 26/07/2013, it was vacated on 18/08/2014. Thereafter it was again granted on 30/09/2014 and it continued to operate till 28/11/2014. It is therefore prayed that the order dated 28/08/2015 be modified by observing aforesaid. The applicant has also tendered apology for inadvertent mistake. In view of enhancement of pecuniary jurisdiction of the District Court, the appeal is required to be transferred to the District Court, Nagpur for adjudication on merits. Hence by observing that the order of status-quo granted on 26/07/2013 operated till 18/08/2014 after which it was again granted on 30/09/2014 till 28/11/2014, the proceedings are transferred to the District Court, Nagpur for

909-CAF-2809-15 2/2 adjudication on merits. Till the application for interim relief is considered by the District Court, the ad interim order granted on 28/08/2015 shall continue to operate. Needless to state that the application for interim relief shall be decided on its own merits in accordance with law. Civil Application is disposed of accordingly. JUDGE Asmita