M/S. Krishna Constructions And Others v. Mr. Subhash Uttam Dalvi And Others

901-AO-744-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 744 OF 2024 rrpillai WITH INTERIM APPLICATION NO. 14129 OF 2024 M/s. Krishna Constructions ...

Appellants/Applicants and Others Vs.

Mr. Subhash Uttam Dalvi and Others ...

Respondents Mr. Ajay Raje Nimbalkar i/b. Mrinal Shelar for the Appellants/Applicants.

Mr. Pawan Patil a/w. Ms. Kartavya Ostwal for Respondent No.1. Ms. Manisha Jagtap for Respondent Nos. 2 and 3 - BMC. CORAM : GAURI GODSE, J.

DATE :

16th APRIL 2025 RAJESHWARI RAMESH PILLAI ORDER :

by RAJESHWARI RAMESH PILLAI Date:

2025.04.16 07:51:17 +0200 1.

This appeal is listed for directions in view of the order passed by the Hon'ble Apex Court on 24th March 2025. The Hon'ble Apex Court has set aside the order dated 21st January 2025 with a request to this court to consider and decide the appeal from order in accordance with law on the due date i.e. 1st April 2025 or within a period of one month thereof.

2.

The order dated 24th March 2025 was recently brought to my notice after 1st April 2025. Hence, this appeal was directed to be 1/2

901-AO-744-2024.docx listed today for directions.

3.

By order dated 21st January 2025 the appeal is admitted and in the interim application ad-interim relief was granted. 4.

Learned counsel for respondent no. 1 seeks time to verify whether the order admitting the appeal as well as the grant of ad-interim relief both were challenged before the Apex Court or only order granting ad-interim relief was challenged. 5.

Both the learned counsels for the parties have no instructions as to whether the appeal is required to be heard again for admission or it has to be decided finally in view of the direction issued by the Hon'ble Apex Court.

6.

To enable the learned counsel for the respondent no. 1 who had filed the SLP before the Hon'ble Apex Court to take appropriate instructions regarding the order challenged in the SLP, list the appeal on 17th April 2025. To be listed under the caption for "Directions".

[GAURI GODSE, J.] 2/2