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Bombay High CourtIA/1988/2024disposed off

Varun Godha v. Balaji Enterprises

2025-01-29Hon'Ble Shri Justice Abhay Ahuja2 pages

m1-ia-1988-2024.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.01.29 18:37:44 +0530 IN ITS COMMERCIAL DIVISION JITENDRA SHANKAR NIJASURE INTERIM APPLICATION NO.1988 OF 2024 IN COMM EXECUTION APPLICATION (L) NO.38190 OF 2022 IN COM SUMMARY SUIT NO.254 OF 2020 Varun Godha and Anr.

...Applicants / Plaintiffs

Versus

Balaji Enterprises & Ors.

...Defendants ---------- Mr. Dhrupad Vaghani with Ms. Nandita Bajpai i/b Mr. Dhrupad Vaghani for the Applicant in COMEX (L) No.28531 of 2023. Mr. Nimay Dave, Mr Mohit Advani, Mr. Amit Mishra and Mr. Deep Dighe i/b. Dhaval Vussonji and Associates for the Applicant in Comex (L) No.38190 of 2022 and Interim Application No.1988 of 2024. ---------- CORAM : R.I. CHAGLA J.

DATE : 29TH JANUARY, 2025.

ORDER :

1.

Mentioned. Not on board. Taken on board.

2.

By praecipe bearing today's date, the Advocate for the Applicants / Original Respondents has sought for de-tagging of Commercial Execution Application (L) No.38190 of 2022 along with Interim Application No.1988 of 2024 from Commercial Execution 1/2

m1-ia-1988-2024.doc Application (L) No.28531 of 2023. He has submitted that the issue in the proceedings are not connected.

3.

The previous bench which had this assignment had heard the arguments in Commercial Execution Application (L) No.28531 of 2023. The learned Advocate appearing for the Applicant had requested for the matter to be placed before the same bench who had heard the matter.

4.

In view thereof, the Commercial Execution Application (L) No.38190 of 2022 with Interim Application No.1988 of 2024 is de-tagged and shall be heard by this bench now having the assignment of execution matters. The Advocates for the Applicant in Commercial Execution Application (L) No.28531 of 2023 has already sought for administrative Order for listing of the matter before the bench which previously had the assignment.

5.

Praecipe is disposed of accordingly.

[ R.I. CHAGLA J.] 2/2