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Bombay High CourtIA/1319/2025disposed off

Amogh Enterprises v. Magathane Kinara Co Op Hsg Soc Ltd

2025-04-08Hon'Ble Justice Shri Arif S. Doctor2 pages

17-IA-1319-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1319 OF 2025 IN INTERIM APPLICATION (L) NO. 16937 OF 2023 IN COMMERCIAL SUIT NO. 1249 OF 2019 M/S. AMOGH ENTERPRISES )...APPLICANT

IN THE MATTER OF

M/S. AMOGH ENTERPRISES )...PLAINTIFF V/s.

MAGATHANE KINARA CO-OP. HSG. SOC. LTD.

) AND ANOTHER )...DEFENDANTS Ms.Trupti Talati a/w. Ms.Shweta Rathod i/by Elixer Legal Services, Advocate for the Respondent in IA/1319/2025, IA/1210/2025, IA/115/2021 and for the Plaintiff in COMS/1249/2019. Mr.V. Mishra i/by Law Counsellors, Advocate for the Defendant no.1 / Applicant in IA/1210/2025, IA/1109/2025 & IA/115/2021. Mr.Akhilesh Dubey i/by Mr.Bhushan Banker, Advocate for the Defendant no.2.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th APRIL 2025 P.C. :

1.

When the matter is called out, Ms.Talati, learned Counsel for the Applicant in this Interim Application submits that this matter has been listed before the Bench of Hon'ble Shri. Justice Arif S. Doctor on 2nd May 2025 and that, therefore, this Court may pass appropriate orders. avk 1/2

17-IA-1319-2025.doc 2.

Mr.Mishra, learned Counsel, appearing for the Defendant no.1 submits that as per the extant assignment of Suits, this Suit being of the year 2019, a recall application would lie before this Court and only a review petition would lie before the Bench which had passed the order. 3.

Having heard the learned Counsel, Registry is directed to place this matter before the appropriate Bench.

(ABHAY AHUJA, J.) Digitally signed by ARTI VILAS KHATATE Date:

2025.04.08 19:54:37 +0530 ARTI VILAS KHATATE avk 2/2