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Bombay High CourtSA/85/2024dismissed

M/S. Chhaganlal And Company, Regd. Firms, By Ex- Partners, Chhaganlal Chiranjilal Agrawal And Other v. Shrikant Murlidhar Mahalle

2025-12-22Hon'Ble Shri Justice Rohit Wasudeo Joshi1 pages

20. SA 85 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.85/2024 M/s. Chhaganlal & Company, by ex-partners Chhaganlal Chiranjilal Agrawal (Died) through L.Rs.

Sitadevi Chhaganlal Agrawal (Deleted as died) Rajkumar Chhaganlal Agrawal and others ...Versus...

Shrikant Murlidhar Mahalle - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. J.J. Chandurkar, Advocate for appellants CORAM : ROHIT W. JOSHI, J.

DATE : 22/12/2025 1.

Issue notice to the respondent on the following substantial question of law :- "Whether the Trial Court as well as the First Appellate Court were right in refusing even the prayer for alternate relief of refund of the amount when admittedly the respondent has received an amount of Rs.1,55,000/- towards earnest money ?"

2.

Notice is made returnable on 13/01/2026.

3.

Appellants to serve the respondent by speed post, in addition to regular mode of service and file affidavit of service before the returnable date.

4.

To be heard with Second Appeal No.151/2024.

(ROHIT W. JOSHI, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 22/12/2025 18:38:33