Gayatri Industries And Ors vs Garden Silk Mills Ltd
2021 Latest Caselaw 14542 Bom

                                                                                     16-ia-2674-2021.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.2674 OF 2021
                                                      IN
                                          FIRST APPEAL NO.748 OF 2003

                   Gayatri Industries and Others                              ...Applicants
                              vs.
VISHAL             Garden Silk Mills Ltd.                                     ...Respondent
SUBHASH
PAREKAR
                   Ms. Sonali Kochar a/w. Ms. N. Malik and Bijal Soni, for the
Digitally signed   Applicants and Respondent No.1 in Appeal.
by VISHAL
SUBHASH
PAREKAR
                   Ms. Bharti Bhansali i/b. FZB and Associates, for the
Date: 2021.10.06
18:06:04 +0530
                   Appellants/Respondent in Application.

                                                CORAM :    N. J. JAMADAR, J.

                                                DATE :     OCTOBER 05, 2021
                   P.C.:

                   .       Heard the learned counsel for the parties.

2. Office has noted an objection about the entertainability of the appeal by the High Court. It seems that the objection is based on the provisions contained in Maharashtra Civil Courts (Amendment Act), 2015.

3. The judgment and decree impugned herein is passed by the learned Civil Judge, Dadara and Nagar Haveli, Silvassa.

4. Let the Registrar(Judicial-1) examine the issue of entertainability of the appeal by the High Court and the correctness of the objection raised by the office.

5. The learned counsel for the appellant submits that in the intervening period, the appellant/company underwent a resolution plan before NCLT. The learned counsel seeks time to place the relevant record.

6. List on 20th October, 2021.

                                                                   (N. J. JAMADAR, J.)

                   Vishal Parekar, P.A.                                                             ...1