← Library
Bombay High CourtWP/82/2020disposed of

Abhishek Mishra., v. Nikhil Banodkar.,

2023-11-09Hon'Ble Shri Justice Bharat P. Deshpande2 pages

WP 82 of 2020 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.82 OF 2020 ABHISHEK MISHRA., ... PETITIONER

Versus

NIKHIL BANODKAR., ... RESPONDENT Mr. S.G. Desai, Senior Advocate with Mr. Bhupesh M. Prabhu Dessai and Mr. Laxman Pednekar, Advocates for the Petitioner. Mr. Sudin Usgaonkar, Senior Advocate with Ms. Pooja Naik, Advocate for the Respondent.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 9th November, 2023 P.C.

Heard learned Senior Counsel Mr. S.G. Desai who appears with Mr. Bhupesh Prabhu Dessai for the Petitioner and the learned Senior Advocate Mr. Sudin Usgaonkar who appears along with Ms. Pooja Naik for the Respondent.

2. After hearing the matter for some time and since both the Courts below rejected the prayer for temporary injunction, the learned Senior Counsel Mr. Desai submits that a request could be made to the Trial Court to dispose of the civil suit as expeditiously as possible. He further submits that the Petitioner would like to file an amendment Application in view of the subsequent developments. 9th November, 2023

WP 82 of 2020

3. Mr. Usgaonkar appearing for the Respondent submits that the matter is now ripe for evidence and therefore, it would be desirable to dispose of the suit preferably within a period of one year.

4. Considering the fact that both the Courts below refused to grant temporary injunction and the matter is fixed for evidence, the present Petition could be disposed of by giving directions to the Trial Court to decide the civil suit within a period of one year from the date of receipt of this Order.

5. If any Application for amendment is filed on behalf of the Petitioner, the same shall be disposed of within a period of two months so that the matter could be taken up for evidence. The learned Trial Court, therefore, is directed to expedite the civil suit and decide it within a period of one year as mentioned above.

6. An authenticated copy of this Order shall be placed before the learned Trial Court by the Petitioner.

7. With these observations, the Writ Petition shall stand disposed of. BHARAT P. DESHPANDE, J.

VAIGANKAR ESHA SAINATH Date: 2023.11.09 16:56:34 +05'30'

VAIGANKAR ESHA SAINATH 9th November, 2023