← Library
Bombay High CourtWP/5431/2026disposed off

M/S Suyog Constructions Thr. Its Partners, Altaf Chand Khan v. Csb Bank Ltd. And ORS

2026-04-21Hon'Ble Shri Justice N. J. Jamadar2 pages

901-WP5431-2026.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5431 OF 2026 M/s. Suyog Constructions Through Its Partners, Altaf Chand Khan

...Petitioner

Versus

CSB Bank Ltd. And Ors

...Respondents

Mr. Nikhilesh Pote, a/w Tanmay Jadhav, for the petitioner. SANTOSH SUBHASH KULKARNI

CORAM:

N. J. JAMADAR, J.

DATED:

21st APRIL, 2026 SANTOSH SUBHASH KULKARNI Date: 2026.04.21 22:02:37 +0530 PC:- 1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to an order dated 6th February, 2026 passed by the learned Civil Judge, Pune, on an application for grant of temporary injunction under the provisions of Order XXXIX of the Code of Civil Procedure, 1908 ("the Code"), whereby the said application came to be rejected. 3.

The impugned order is appealable under the provisions of Order XLIII of the Code.

4.

In the face of express statutory remedy of appeal, no case for exercise of writ jurisdiction is made out. 1/2

901-WP5431-2026.DOC 5.

The writ petition, thus, stands dismissed with liberty to the petitioner to prefer an appeal against the impugned order under Order XLIII of the Code.

6.

The time spent by the petitioner in prosecuting this petition may be accounted for in the event the question of limitation in filing the appeal against the impugned order, arises.

[N. J. JAMADAR, J.] 2/2