Cr Retail Malls Ltd. Mumbai vs Pvr Ltd. New Delhi
2022 Latest Caselaw 12392 Bom

                                                                 2.WP.14702.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 14702 OF 2022


CR Retail Malls (India) Limited              ...     Petitioner

           Versus

PVR Limited                                  ...     Respondent


Mr. Sharan Jagtiani, Senior Advocate a/w Mr. Neveille Mukerji, Ms.
Sanaya Contractor and Ms. Juhi Bahirwani i/b Veritas Legal for the
Petitioner.

Mr. Soli Cooper, Senior Advocate a/w Mr. Yohann Cooper and Ms. Bency
Ramakrishnan i/b Mr. Akash Menon for the Respondent.


                                  CORAM :     R.I. CHAGLA, J.
                                  DATED :    30th NOVEMBER, 2022.
ORDER :

1 Heard Mr. Sharan Jagtiani, learned Senior Counsel appearing

for the Petitioner and Mr. Soli Cooper, learned Senior Counsel appearing

for the Respondent.

2 After substantial arguments were advanced on the challenge

to the impugned judgment and order dated 19.10.2022 which had

allowed the application for amendment to be carried out by the

Respondent to their plea in accordance with law, Mr. Cooper, on

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2.WP.14702.22.doc

instructions states that the amendment will not be carried out during the

pendency of the hearing of the Writ Petition. Statement is accepted.

3 There are certain observations in paragraphs 11 and 12 of the

impugned judgment and order which in fact runs counter to the

observations in paragraph 10, namely that "It has been equally laid down

by Their Lordships that, the correctness or falsity of the case shall not be

gone into while deciding the amendment application. Moreover, there is

absolutely no propriety to go for the findings on the merits of the

amendment. Therefore, having regard to the said basic principle of law

laid down by Hon'ble Apex Court, we need to find out as to what

amendment the revision petitioners are going to carry out in their plea."

The Appellate Court of Small Causes has infact in paragraphs 11 and 12

considered the merits of the dispute and made certain observations which

would have a bearing on both the Suits i.e. the Suit filed by the

Respondent as well as Suit filed by the Petitioner which are pending

before the Trial Court. Accordingly, the observations in paragraphs 11

and 12 which are on the merits of the dispute shall not be given effect to

and/or shall be disregarded by the Trial Court in considering both the

Suits.

4           Considering the narrow conspectus in the Writ Petition


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concerning the issue as to whether the amendment sought for by the

Respondent in its Suit is required to be allowed, the Writ Petition shall be

heard and disposed of at the admission stage.

5 The Writ Petition No.3600 of 2021 filed by the Respondent

shall also be tagged with this Writ Petition in view of the challenge

therein to an order passed by the Appellate Court of Small Causes which

may have a bearing in this Writ Petition as it concerns the termination

notice dated 30.07.2020 of which the Respondent has sought to be

incorporated in its Suit by way of amendment.

6 Place Writ Petition No.14702 of 2022 and Writ Petition No.

3600 of 2021 on 18.01.2023 for hearing at the admission stage.

7 This Court is apprised of the fact that a consolidation

application dated 06.04.2022 i.e. Exhibit-15 has been moved by the

Respondent before the Trial Court for consolidating both Suits i.e. the Suit

filed by the Respondent as well as Suit filed by the Petitioner and to be

heard together.

8 The Trial Court shall hear and dispose of the consolidation

application prior to proceeding with both the Suits.

                                                                                     (R.I. CHAGLA, J.)
         Digitally signed
         by WAISHALI
WAISHALI SUSHIL

                            Waghmare                                                                      3/3
SUSHIL   WAGHMARE
WAGHMARE Date:
         2022.12.03
         11:06:01 +0530