Jayant Bhavanji Soni Deceased 1 ... vs Jwaladutta Jankidas Huf
2023 Latest Caselaw 2390 Bom

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GAURI     AMIT
AMIT      GAEKWAD
                                                    1/2              31.COMAP-6-2023.doc
GAEKWAD   Date:
          2023.03.14
          15:05:53 +0530
                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      IN ITS COMMERCIAL DIVISION
                                 COMMERCIAL APPEAL NO.6 OF 2023
                                              IN
                             SUMMONS FOR JUDGMENT (L) NO.16105 OF 2021

             Jayant Bhavanji Soni
             (since deceased) through legal heirs
             Malti Jayant Soni & Ors.                      .....Appellants
                      Vs.
             Jwaladutta Jankidas HUF                       .....Respondent
                                                WITH
                               INTERIM APPLICATION NO.238 OF 2023
                                                  IN
                                COMMERCIAL APPEAL NO.6 OF 2023
                                                  ----
             Mr. A. N. Narula i/b. M/s. Jhangiani, Narula and Associates for appellants.
             Ms. Sunanda Kumbhat a/w. Mr. Kunal Kumbhat and Ms. Pooja Jalgaonkar
             for respondent.
                                                  ----
                                                   CORAM : K. R. SHRIRAM &
                                                             RAJESH S. PATIL, JJ.

DATED : 13th MARCH 2023

P.C. :

1 The appeal is impugning an order pronounced on 9th November

2022 passed by the learned Single Judge granting conditional leave to

appellants to defend in a summary suit that respondent had filed.

Ms. Kumbhat states that this appeal is not maintainable in view of the

judgment of a coordinate bench of this Court in SKIL Himachal

Infrastructure & Tourism Ltd. & Ors. V/s. IL & FS Financial Services Ltd.1

1. 2022 SCC Online Bom. 3152

Gauri Gaekwad 2/2 31.COMAP-6-2023.doc

2 Mr. Narula requests the matter be stood over to 15 th March

2023 for directions so that he could take instructions whether to press the

appeal or whether this judgment relied upon by Ms. Kumbhat could be

distinguished.

3 Stand over to 15th March 2023 for directions.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)

Gauri Gaekwad