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

by VARSHA VIJAY RAJGURU Date:

2025.05.03 12:56:05 +0530 VARSHA VIJAY RAJGURU 1-AO-744-2024-IA-14129-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 744 OF 2024 WITH INTERIM APPLICATION NO. 14129 OF 2024 M/s. Krishna Constructions and Others ... Appellants/Applicants vs.

Mr. Subhash Uttam Dalvi and Ors ... Respondents Mr. Surel S. Shah, Senior Advocate a/w. Mr. Atharva Kamble and Mr. Ishaan Kapse i/b. Ms. Mrinal Shelar for Appellants Dr. Abhinav Chandrachud (through VC), Mr. Pavan Patil, Mr. Shubham Saraf, Mr. Darshan Patankar, Mr. Kartavya Ostwal for Respondent No.1.

Ms. Manisha Jagtap for PMC.

CORAM : GAURI GODSE, J.

DATED : 2nd MAY 2025 ORDER:

1.

The order dated 24th March 2025 passed by the Hon'ble Apex Court was brought to my notice by the Registry sometime in the second week of April 2025. Hence, this appeal was directed to be listed on 16th April 2025, under the caption for 'direction'. At the request of the parties, the appeal was adjourned to 17th April 2025 and then to 21st April 2025.

2.

In view of the directions issued by the Hon'ble Apex Court, the appeal had to be decided within one month from 1st April 2025. Page no. 1 of 2

1-AO-744-2024-IA-14129-2024.doc There are around 200 matters listed before this court everyday on the daily admission and order matters causelist. Hence, by order dated 21st April 2025, this appeal was directed to be listed today at 2:30 pm for final hearing.

3.

I have heard the arguments of learned counsels for the appellants and respondent no.1 at length. Arguments are concluded today at 6:00 pm. This court is required to hear another appeal pertaining to a minor child's custody listed today at Serial No. 186. Learned counsel for the respondent in that appeal, mentioned the appeal in the first session today and placed on record copy of order dated 1st May 2025, passed by the Hon'ble Apex Court. He requested to take up the appeal today out of turn. As per the directions issued by the Hon'ble Apex Court in that matter, the appeal is required to be heard today. Hence, it is difficult to deliver the judgment in this appeal today, due to paucity of time. 4.

The arguments are concluded. Judgment is reserved. 5.

Learned counsels for the parties submit that they may be permitted to place on record a short note of the arguments made today. They are at liberty to submit a short written note of arguments, before 8th May 2025.

(GAURI GODSE, J.) Page no. 2 of 2