Marigold Premises Pvt. Ltd And Anr vs Marigold Phase Iii Cooperative ...
2022 Latest Caselaw 8274 Bom

                                                               23-WP-6908-2022.docx

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO.6908 OF 2022
          Digitally
          signed by

                       Marigold Premises Pvt. Ltd.                   ..... Petitioner
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2022.08.24
                             Vs.
          10:00:10
          +0530
                       Marigold Phase III Co-operative Hsg.
                       Soc. Ltd. and Ors.                            ....Respondents

                                                          ....

                       Mr. Girish Godbole, Senior Counsel, Mr. Vaibhav Sugdare with Mr.
                       Sourasubha Ghosh, Mr. Samarth Chowdhary and Ms. Sanaya
                       Patel i/by M/s. IndusLaw for the Petitioner.
                       Mr. Atul Daga with Mr. Ayaz Bilawala and Mr. Yogesh Gaikwad
                       i/by M/s. Bilawala & Co. for Respondent No.1.
                       Mr. Shon D. Gadgil with Mr. Murtaza Chherawala i/by M/s. CNS
                       Juris for Respondent Nos.2 and 3.

                                             CORAM: SANDEEP K. SHINDE, J.

DATED : AUGUST 23, 2022

P.C.

1. Leave to amend. Amendment to be carried out

forthwith. Re-verification is dispensed with. Copy of the

amended application is served on the Respondent No.1.

2. Heard Mr. Godbole, learned Senior Counsel for the

Petitioner, Mr. Atul Daga for Respondent No.1 and Mr. Shon D.

Gadgil for the Respondent Nos.2 and 3.

3. This Petition challenges the order dated 14 th February,

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2022 by which the learned Joint Civil Judge, Senior Division, Pune

allowed the application Exhibit 47 moved by the Plaintiff under

Order VI Rule 17 read with Section 151 of the Code of Civil

Procedure, 1908.

4. Mr. Godbole has taken me through the order and has

rightly pointed out that although the order is running in 11

paragraphs except few lines in paragraph 10, remaining

paragraphs contain the re-production of application moved by

the Plaintiff, reply filed by the Defendants, written arguments

and judgments referred to by the parties. To put it differently,

the learned Judge has not given any reason for granting the

application.

5. In that view of the matter, prima-facie, I am of the

view that it is fit case to set aside the impugned order and

remand the application of the Plaintiff to the Trial Court for

decision in accordance with law within time bound period.

5. Learned counsel appearing for the Respondent No.1

seeks time for instructions. Time granted.

Stand over to 29th August, 2022.

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                23-WP-6908-2022.docx


          (SANDEEP K. SHINDE J.)




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