M/S. Kering Patil Assoicates And ... vs M/S. Vitoria Thr. Partners
2022 Latest Caselaw 532 Bom

                       (12)-CRA-99-21.doc.


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2022.01.14
                                  CIVIL REVISION APPLICATION NO.99 OF 2021
          16:14:28
          +0530



                       M/s. Kering Patil Associates and Anr.                ..Applicants
                            Versus
                       M/s. Vitoria
                       Through its Partners                                 ..Respondents

                       Mr. Vishal Kanade a/w Mr. Mohan B. Jadhav, for the Applicants.
                       Mr. Drupad Patil i/by Dheeraj Patil, for Respondent Nos.1, 2 & 4.

                                                    CORAM : NITIN W. SAMBRE, J.

DATE : 14th JANUARY, 2022 P.C.

1. The present revision application by consent can be allowed by quashing the order impugned based on the rider provided in the judgment of Haldiram Bhujiawala and Another Vs. Anand Kumar Deepak Kumar and Another reported in (2000) 3 SCC

2. As such, the suit preferred by the applicants being Special Civil Suit No.398 of 2012 stood withdrawn as prayed vide Exh.72.

3. Applicants shall be at liberty to file fresh suit after registration of the firm subject to the rider that the suit claimed is within limitation and is not hit by any other provisions of the Limitation Act.

BGP. 1 of 2 (12)-CRA-99-21.doc.

4. In view of above, the order impugned dated 23 rd February, 2021 passed below Exh.72 is quashed and set aside.

5. The revision application stands allowed in the above terms.

                                       [NITIN W. SAMBRE, J.]




BGP.                                                     2 of 2