Bombay High CourtFA/5/2019disposed of

The Goan Residential Resorts Co-Op. Housing Society Ltd., Thr. Its Aut. Member, Collin D'Souza., v. Raghbir Singh Panwar, Thr. Attorney, Dr. Sudam Bandu Mane And 5 ORS.,

2019-03-04Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO. 5 OF 2019 THE GOAN RESIDENTIAL RESORTS CO-OP. HOUSING SOCIETY LTD., THR.

ITS AUT. MEMBER, COLLIN D'SOUZA., ... Appellant

Versus

RAGHBIR SINGH PANWAR, THR.

ATTORNEY, DR. SUDAM BANDU MANE AND 5 ORS., ... Respondents Shri Parag S. Rao, Advocate for the Appellants. Shri Yogesh V. Nadkarni, Advocate for the Respondent No.1. Shri T. Vaz, Advocate for the Respondent No.2. Coram:- NUTAN D. SARDESSAI, J.

Date:- 4th March 2019 ORAL ORDER :

Heard Shri Parag S. Rao, learned Advocate for the appellant, Shri Y.V. Nadkarni, learned Advocate for the respondent no.1 and Shri T. Vaz, learned Advocate for the respondent no.2. None for the respondent no.6.

2. Learned Advocate for the respondent no.1 concedes that the order under challenge could be set aside and the matter remanded to the Trial Court to decide afresh after conducting an inquiry in accordance with law.

3. In view thereof, the impugned order is quashed and set aside

FA/5/2019 and the matter is remanded to the Trial Court to hold an inquiry and decide the matter afresh.

NUTAN D. SARDESSAI, J.