Agarwal And Associates Builder And Developers And Another v. Dindoshi Sai-Sadan Co-Operative Housing Society Limited

JPP P-1. AO 523.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 523 OF 2025 with INTERIM APPLICATION NO. 12049 OF 2025 IN APPEAL FROM ORDER NO. 523 OF 2025 Agarwal and Associates and Anr.

... Appellants/Applicants V/s.

Dindoshi Sai-Sadan Co-operative Housing Society Ltd.

... Respondent _______________________________________ Mr. Ashwinikumar Deore with Ms. Ankita Badgeri for the Appellants/Applicants None for the Respondent _______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 3RD OCTOBER 2025 P.C. :

1.

Matter is mentioned. Not on Board. Taken on Board by way of praecipe.

2.

By a praecipe bearing today's date, the Advocate for the Appellants has sought listing of the matter. He has referred to an order dated 1st October 2025 which has recorded that the Advocates appearing for the parties had informed the learned Single Judge of this Court that the impugned order is passed in a Commercial Suit and therefore, the challenge 1/2

JPP P-1. AO 523.2025.doc will lie before the Division Bench. The learned Single Judge directed the Department to consider the relief prayed for in the present Appeal from Order and place it before the appropriate Court. Further it was recorded that if required, the Registry shall hear the Advocates for the respective parties. 3.

The learned Counsel appearing for the Appellants has sought for time to carry out amendment in the cause title of the matter by replacing the Appeal from Order with Commercial Appeal from Order. 4.

This would be subject to the Registry hearing the Advocates for the respective parties and considering the relief sought for in the Appeal from Order.

5.

In the event, the Registry considers that the relief sought for in the Appeal from Order is arising from Commercial Suit, the Registry shall allow the Appellants to amend the cause title of the matter by replacing the Appeal from Order with Commercial Appeal from Order. 6.

In the event the Registry considers that the matter pertains to this Bench, it shall be placed on 13th October 2025. ( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) by JYOTI PRAKASH PAWAR Date: 2025.10.06 11:22:38 +0530 JYOTI PRAKASH PAWAR 2/2