M/S. Sai Tech Pharmaceuticals Pvt. Ltd., Thr. Its Director, Mrs. Savita Rajan Thakur v. M/S. Nerolene Textile Mills Pvt. Ltd. And ANR.

by AARTI GAJANAN PALKAR Date:

2024.05.31 01:06:35 +0530 AARTI GAJANAN PALKAR 26.IA.9132.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9132 OF 2024 IN FIRST APPEAL (STAMP) NO.23013 OF 2021 M/s. Sai-Tech Pharmaceuticals Pvt. Ltd.

...Applicant

Versus

M/s. Narolene Textile Mills Pvt. Ltd.

& Anr.

...Respondents

Mr. Chetan Kapadia, Senior Advocate a/w. Mr. Amey Hadwale & Ms Geeta Sadhwani, Advocates for Applicant. Mr. Amrut Joshi a/w. Mr. Chetan Yadav i/b. R.V & Co., Advocates for Respondent No.1.

CORAM

: N.R. BORKAR & SOMASEKHAR SUNDARESAN, JJ.

DATE : MAY 30, 2024 [VACATION COURT] P. C.

1.

After hearing the Learned Senior Counsel for the Applicant for some time, it appears to us that to adjust equities between the parties, the status-quo on the site as obtaining today is required to be maintained until the matter is heard by the regular Bench. MAY 30, 2024 Aarti Palkar

26.IA.9132.2024.doc 2.

The Learned Counsel for the Respondents states that he has instructions to submit to the Court that most of the dismantling of the plant and machinery has already been undertaken. 3.

Learned Senior Counsel for the Applicant submits that such a statement would be patently incorrect, since evidently, photographs taken as of yesterday would suggest that it would take far longer for completing the dismantling of the plant and machinery at the site.

4.

In these circumstances, we direct that status-quo as obtaining this morning shall be continued.

5.

Stand over to 13th June, 2024, for consideration by the regular Bench.

6.

We make it clear that nothing contained in this order should be considered to be an expression on the merits of the case or the relative strengths or otherwise, of either parties. 7.

All parties to act on a copy of this order as may be downloaded from the official website of this Court. [ SOMASEKHAR SUNDARESAN, J.] [ N.R. BORKAR, J. ] MAY 30, 2024 Aarti Palkar