Dugad Infrastructure Llp Thr Its Partners Daugad Infracon Llp v. M/S. Lunkad Realty Thr Its Partner Mr Amit Kantilal Lunkad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.447 OF 2026 WITH INTERIM APPLICATION NO.3639 OF 2026 IN APPEAL FROM ORDER NO.447 OF 2026 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2026.05.19 15:29:37 +0530 Dugad Infrastructure LLP ... Appellant through its Partners, Daugad Infracon LLP Vs.

M/s Lunkad Realty, ... Respondent through its Partner, Mr. Amit Kantilal Lunkad Ms. Ankit Lohia a/w Mr. Vishal Raman, Mr. Gopal Agrawal, Ms. Aditi Rajput, Mr. Swapnil Sangle i/by Mr. Prajit S. Sahane, for the Appellant Mr. Girish Godbole, Senior Advocate a/w Mr. Hrishikesh S. Shinde, Mr. Jay S. Patil, Mr. Nikhil Singhvi, Mr. Karan Parmar and Siddharth N. Sutaria for Respondent No.1.

CORAM : GAUTAM A. ANKHAD, J.

(VACATION COURT) DATE : 18th MAY 2026.

P.C. :

1.

I have perused the Impugned Order dated 6th May 2026. During the course of hearing, upon a query put by the Court, Mr. Godbole, learned senior counsel appearing for Respondent no.1, on instructions submits that the impugned order dated 6th May 2026 may be set aside on the limited ground that the mandatory requirements of the proviso to Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 has not been complied with. 1/3

2.

In view of the aforesaid statement and considering that the impugned order has been passed without compliance of the requirements of reasons contemplated under the proviso to Order XXXIX Rule 3, the parties have agreed that the Exhibit 5 Application itself may be reconsidered afresh by the trial Court after granting an adequate opportunity to all concerned parties.

3.

Accordingly, by consent of the parties, the following order is passed: (i) The impugned order dated 6th May 2026 is quashed and set aside, without adjudicating upon the merits of the rival contentions of the parties.

(ii) The Appellant herein shall file an affidavit-in-reply to the Exhibit-5 Application on or before 28th May 2026. Respondent No.1 (original Plaintiff) is at liberty to file a rejoinder, if any, on or before 4th June 2026. The parties shall adhere to the timelines and shall not seek any extension of time.

(iii) The trial Court shall hear and decide the Exhibit-5 Application on its own merits and in accordance with law, without being influenced either by the observations contained in the impugned order or by the present order passed by this Court. 2/3

The parties shall cooperate for expeditious disposal of the Exhibit-5 Application.

(iv) The parties shall appear before the learned trial Court on 8th June 2026 for further proceedings in the Exhibit-5 Application. The trial Court shall endeavour to hear and dispose of the said Application expeditiously and preferably within a period of three weeks thereafter.

(v) All rights and contentions of the parties on the merits of the matter are expressly kept open.

4.

Appeal from Order No. 447 of 2026 is disposed of in above terms. The Interim Application does not survive and the same is also disposed of. [ GAUTAM A. ANKHAD, J. ] 3/3