Rajesh Jain And Anr vs Sundaresh Bhat And Anr
2023 Latest Caselaw 7146 Bom

2023:BHC-AS:20118                                                         19-FA-251-2023.doc


                    Shailaja
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                    FIRST APPEAL NO.251 OF 2023

                    Rajesh Jain and another                ]     Appellants
                          Vs.
                    Sundaresh Bhat and another    ]     Respondents
                                                .....
                    Mr. Gautam Ankhad i/b Mr. Vedchetan Patil a/w Vishwa Gadhaik-
                    Patil, for Appellants.

                    Mr. Harsh Sheth i/b MDP and Partners, for Respondent No.2-Bank
                    of Baroda.
                                                 .....
                                         CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                DATE       : 18th JULY, 2023.
                    P.C.

1. Having heard learned Counsel for the parties for some time,

they agreed to remand the case to the trial Court by setting aside

impugned order dated 22nd September, 2022 and to admit the suit

bearing No.1531 of 2022 under it's original number i.e 1531 of

2022.

2. As such, case is remanded to the trial Court by setting aside

the impugned order dated 22 nd September, 2022. The trial Court is

directed to admit the suit bearing No.1531 of 2022 under it's

original number i.e 1531 of 2022 and determine it in accordance

with law.

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19-FA-251-2023.doc

3. The trial Court is directed to go through the judgment of the

Hon'ble Supreme Court in case of Bank of Rajasthan Limited Vs.

VCK Shares and Stock Broking Services Limited (2023) 1 Supreme

Court Cases 1.

4. The parties are directed to remain present before the trial

Court on 1st August, 2023.

5. The appeal stands disposed of in light of the aforesaid

observations with no order as to costs.

[PRITHVIRAJ K. CHAVAN, J.]

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