Ruchit Harish Savla v. Kishore Dhanji Gangar And ANR

14-WP-2402-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3402 OF 2025 Ruchit Harish Savla ..Petitioner

Versus

Kishore Dhanji Gangar & Anr

...Respondents

Mr. Amir Arsiwala, with Janhavee Joshi, i/b Suyash More, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED :

20th MARCH 2025 P.C.:

1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this Petition is to an Order dated 21st January 2025 whereby the learned Judge, City Civil Court declined to grant ex parte ad-interim relief and ordered issue of notice to the defendants. ARUN RAMCHANDRA SANKPAL 3.

The learned Counsel for the petitioner submits that the Writ of ARUN RAMCHANDRA SANKPAL Date: 2025.03.21 15:03:29 +0530 Summons and notice of the Notice of Motion was served on defendant no.1. However, defendant no.1 did not appear. The matter is now posted on 1st April 2025.

4.

The learned Counsel for the petitioner submits that the matter before the DRAT is listed on 15th April 2025 and, therefore, it is 1/2

14-WP-2402-2025.DOC necessary to hear the application for ad-interim relief before 15th April 2025, lest defendant no.1 may withdraw the amount from DRAT. 5.

If the aforesaid is the fact-situation, the learned Judge, City Civil Court is requested to consider the prayer for ad-interim relief, in the event the defendant does not appear, and if defendant no.1 does appear, after providing an opportunity of hearing to defendant no.1 and pass a reasoned order.

6.

With the aforesaid clarification, the petition stands disposed. [N. J. JAMADAR, J.] 2/2