Amines And Plasticizers Lt v. Apl Holdings And Investments Ltd. And ANR

by VARSHA VIJAY RAJGURU Date:

2025.06.26 15:46:56 +0530 VARSHA VIJAY RAJGURU 23-wp-6184-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6184 OF 2025 Amines and Plasticizers Ltd ... Petitioner vs.

APL Holdings and Investments Ltd and Anr ... Respondents Mr. Nirman Sharma a/w. Mr. Tejasvi Kudtarkar i/b. Mr. Sujit Lahoti and Associates for Petitioner.

Mr. Shashwat Rai a/w. Ms. Arunima Athavale i/b. Keystone Partners for the Respondents.

CORAM : GAURI GODSE, J.

DATED : 24th JUNE 2025 ORDER:

1.

This petition is filed by the plaintiff to challenge the order dated 13th February 2025 partly allowing petitioner's application for recasting the issues, based on the rival pleadings. The impugned order is purely an interlocutory order. Normally, court should be slow in interfering with such interlocutory order in its discretionary jurisdiction under Article 227 of the Constitution of India.

2.

Moreover, in the event the final decree is adverse to the petitioner, it is always open for the petitioner to challenge the impugned order, as permitted under Section 105 of the Code of Page no. 1 of 2

23-wp-6184-2025.doc Civil Procedure, 1908 ("CPC").

3.

Hence, subject to the aforesaid observations and keeping the liberty open under Section 105 of the CPC, the petition is dismissed. The contentions of the parties in the suit are kept open.

(GAURI GODSE, J.) Page no. 2 of 2