M/S Sagdeo Towers, Dhantoli, Nagpur Through Its Partner, Shri Vinod Sagdeo And Others v. Balbirsing S/O Pritamsingh Renu And Others

2024:BHC-NAG:11785 40 CAS-889-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (S) NO.889 OF 2024 IN SECOND APPEAL NO.350 OF 2019 [M/s Sagdeo Towers and Ors. ..Vs.. Balbirsing Pritamsingh Renu and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr Sunil Manohar, Sr. Advocate a/b Mr P. V. Vaidya, Advocate for Applicants/Appellants.

Mr K. N. Shukul, Advocate for Non-Applicant Nos.1 to 3.

CORAM

: M. W. CHANDWANI, J.

DATE : 17 th OCTOBER, 2024.

1.

Having heard learned Senior counsel for the applicants as well as learned counsel for the non-applicants and having gone through the pleadings, the impugned judgments as well as submission of the applicants, in my view, the following additional substantial questions of law also arise in this appeal :

i) Whether the learned Appellate Court was right in ignoring Section 269UC of the Income Tax Act, 1961, in teeth of the fact that the suit is based on the oral agreement ?

ii) Whether the consequence of not bringing the legal representatives of the deceased respondent Nos.4, 6 and 8 on record would affect the decree passed by the learned Appellate Court ? TAMBE

40 CAS-889-2024 2.

Accordingly, the civil application is disposed of in above said terms.

3.

List the matter for final hearing on 22.11.2024. JUDGE TAMBE