Vishwam Enterprises Thr. Its Sole Prop. Kapil Nishikant Methe v. K3 Masala, Thr. Sole Prop.Kishan Rameshbhai Kaswala And Others

JPP 26. COMAO 6.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL APPEAL FROM ORDER NO. 6 OF 2024 Vishwam Enterprises ... Appellant V/s.

K3 Masala though Sole Proprietor Kishan Rameshbhai Kaswala and Ors.

... Respondents _______________________________________ Mr. Gaurav Nankar i/b. Chaitanya Kulkarni for the Appellant _______________________________________ CORAM : ALOK ARADHE, CJ. AND BHARATI DANGRE, J.

DATE : 6th FEBRUARY 2025 P.C. :

1.

In this Appeal under Section 13(1A) of the Commercial Courts Act, 2015, the Appellant has received an order dated 19th January 2024, passed by the District Judge-1, Kolhapur by which an application preferred by the Appellant under Order XXXIX Rule 1 and 7 of the Code of Civil Procedure, 1908, the Commercial Court has issued show cause notices and had not granted an ad-interim order.

2.

The learned Counsel for the Appellant submits that subsequently, the Commercial Court has decided the application by order dated 27th November 2024, preferred by the Appellant under Order XXXIX Rule 1 and 7 of the CPC.

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JPP 26. COMAO 6.24.doc 3.

In view of the aforesaid subsequent development, the Appeal is rendered infructuous.

4.

Accordingly, the same is dismissed.

( BHARATI DANGRE, J. ) ( CHIEF JUSTICE ) by JYOTI PRAKASH PAWAR Date: 2025.02.07 15:29:16 +0530 JYOTI PRAKASH PAWAR 2/2