Damaji Gelabhai Shah And Ors vs Todi Industries Private Limited ...
2023 Latest Caselaw 7157 Bom

2023:BHC-AS:19899


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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.14362 OF 2022

                    Nautam Damji Shah and ors.                           ... Petitioners
                          Vs.
                    Todi Industries Private Limited and ors.             ... Respondents
                                                       -------

                    Mr.R.A.Shaikh with Ms.Swati Margi and Mr.Hasan Sayed, Advocates for
                    Petitioners.
                    Mr.Sanjeev K. Rapolu with Mr.Bhushan Deshmukh, Advocates for the
                    Respondent No.1.

                                                              -------

                                              CORAM :   ABHAY AHUJA, J.

                                              DATE :    18 JULY, 2023.


                    P.C. :

1. After the matter is heard for some time, Mr.Shaikh, learned counsel

for the Writ Petitioners fairly states that a substantive Appeal No.11 of

2023 under section 42 of the Presidency Small Causes Court Act has

already been filed against the impugned judgment which is pending.

Learned counsel would submit that the ground raised in this petition has

also been raised in the appeal.

2. In this view of the matter, this court does not consider it

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appropriate to entertain the writ petition.

3. Let the Appellate Bench of the Small Causes Court hear the appeal

and decide the issues raised therein preferably within a period of one

year.

4. Writ Petition accordingly stands disposed.

                                                    (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                    2 of 2