Jitendra V Gupta And ANR v. Shruti Tradeplace Pvt. Ltd.

61-IA-3329-2025 IN APP-114-2014.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3329 OF 2025 IN APPEAL NO. 114 OF 2014 Jitendra V Gupta & Anr ...Applicants In the matter between Dhaval A Chauhan & Anr ...Org. Review Petitioners

Versus

Shruti Tradeplace Pvt Ltd & Ors

...Respondents

______________________________________________________ Mr Rajendra N Bhagattjee, for the Applicant.

______________________________________________________

CORAM

M.S. Sonak & Advait M. Sethna, JJ.

DATED:

18 September 2025 PC:- 1.

The learned Counsel for the applicant seeks leave to withdraw this application on account of the technical difficulties including absence of proper prayer clauses etc. with liberty to file a fresh Interim Application seeking a AMOL PREMNATH JADHAV restraint on the transfer of trust property pending the final disposal of the accompanying appeal.

AMOL PREMNATH JADHAV Date: 2025.09.20 12:27:38 +0530 2.

In the present Interim Application, though we find that there are some averments therein, we agree that the prayer clauses as worded, are defective. There is not even a prayer

61-IA-3329-2025 IN APP-114-2014.DOCX for restraining the sale pending the disposal of the appeal or any ad-interim relief to that effect.

3.

The applicant alleges that there is no provision in the trust deed for transfer of the trust properties or creating any third party rights. The applicant also alleges that the property which would be reasonably valued at around Rs. 45 Crores, is sought to be disposed of by the trustees by accepting Rs. 5 Crores.

4.

Considering the above circumstances, we grant the applicant leave to withdraw this application with liberty to file a fresh Interim Application. This Interim Application is disposed of in the above terms.

(Advait M. Sethna, J) (M.S. Sonak, J)