Smt. Prabhavati Manohar Kumathekar vs Swastik Enterprises Through Its ...
2023 Latest Caselaw 13064 Bom

Bombay High Court

Smt. Prabhavati Manohar Kumathekar vs Swastik Enterprises Through Its ... on 19 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

                                                                  58-ia18038-2023 in wp13121-2023.doc


                       AGK
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO.18038 OF 2023
                                                         IN
ATUL
                                           WRIT PETITION NO.13121 OF 2023
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2023.12.19
18:17:29 +0530
                       Swastik Enterprises, through its
                       partner Harakchand Premji Gala                ... Applicant
                                  V/s.
                       Prabhavati Manohar Kumathekar,
                       PoA Pushpa Dattatray Mankar                   ... Respondent


                       Mr. Bhavin Gada with Mr. Deepak Shukla i/by B.N.
                       Shukla & Co. for the applicant/respondent.
                       Mr. Padmanabh D. Pise with Ms. Sejal A. Hariyan i/by
                       P. Padmanabh & Associates for the petitioner.



                                                     CORAM    : AMIT BORKAR, J.

                                                     DATED    : DECEMBER 19, 2023
                       P.C.:

1. The writ petition pertains to the assignment of learned Single Judge taking up Rent Act matters. Despite this, the writ petition was moved before this Court without annexing copy of plaint.

2. The respondent has placed on record copy of plaint which indicates that the suit is filed under the provisions of the Rent Act. Hence, the order passed by the Lower Appellate Court was in a proceeding arising out Rent Act. If this be so, the judgment of the Apex Court in the case of State of Rajasthan v. Prakash Chand &

58-ia18038-2023 in wp13121-2023.doc

Ors. reported in (1998) 1 SCC 12 is squarely attracted.

3. Therefore, the order dated 25 October 2023 is without jurisdiction and, hence, it is recalled.

4. Office to place the writ petition before appropriate Bench.

(AMIT BORKAR, J.)