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Bombay High CourtCRA/315/2024disposed off

B. Kumarswamy Reddy Represented By Power Of Attorney Holder Mr. Gopal Reddy v. Maharashtra Krishna Valley Development Corporation And ORS

2024-07-15Hon'Ble Shri Justice Milind N. Jadhav2 pages

24. CRA-315-2024.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION CIVIL REVISION APPLICATION NO. 315 OF 2024 B. Kumarswamy Reddy .. Applicant

Versus

Maharashtra Krishna Valley Development Corporation & Ors.

.. Respondents ....................

 Mr. Siddhesh Bhole a/w Mr. Apoorva Kulkarni i/by SSB Legal & Advisory for Applicant  Ms. Shakuntala Wadekar for Respondents  A.S. Gawali, AGP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 15, 2024 P. C.

:

1.

Heard Mr. Bhole, learned Advocate for Applicant and Ms. Wadekar, learned Advocate for Respondents.

2.

At the outset, Ms. Wadekar seeks to file Vakalatnama on behalf of the Respondents. She is permitted to file the same in the Registry. 3.

In view of the order passed on 08.07.2024, Ms. Wadekar would submit that Defendants (Respondents herein) have already led the evidence / witness action on the issue of interest before the Trial Court and the same is in progress. It has not been completed yet. Despite this and as delineated in the above order, both the parties shall be entitled to lead witness action and evidence on the issue of interest

24. CRA-315-2024.docx before the learned Trial Court. In that view of the matter, following additional issue is framed for consideration of the learned Trial Court:- "Whether the Plaintiff shall be entitled to seek interest in respect of the contract between the parties?

4.

Defendants shall be entitled to lead appropriate evidence in rebuttal, if so desired on the aforesaid issue. 5.

Let the above additional issue shall be determined by the learned Trial Court as expeditiously as possible and in any event within a period of three months from today. Parties shall co-operate with the learned Trial Court and not insist upon unnecessary adjournments. All questions of both the parties regarding entitlement to interest or otherwise are expressly kept open without delineating any opinion on the merits of the matter.

6.

With the above direction, Civil Revision Applications stands disposed.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2024.07.15 18:45:31 +0530 RAVINDRA MOHAN AMBERKAR