Topaz Industries Thr Its Partner ... vs Ramesh Vardhan And Anr
2023 Latest Caselaw 10172 Bom

2023:BHC-AS:29002
                                                                                        28-wp-8410-2022.doc


                          SA Pathan
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                 WRIT PETITION NO.8410 OF 2022


   SHABNOOR
   AYUB
   PATHAN                 Topaz Industries
   Digitally signed by
   SHABNOOR
   AYUB PATHAN
   Date: 2023.10.04
   12:25:28 +0530
                          Through its Partner & Anr                       ... Petitioners
                                     V/s.
                          Ramesh Vardhan & Anr                            ... Respondents



                          Mr. Simil Purohit a/w Mr. Mittal Munoth a/w Mr.Vishal
                          Pattabiraman, for petitioners.
                          Mr. Amrut Joshi a/w. Ms. Preeti Gada, with Mr. Ramesh
                          Vardhan, for respondent No.1.



                                                          CORAM    : AMIT BORKAR, J.

                                                          DATED    : OCTOBER 3, 2023
                          P.C.:

1. By consent of both the parties, I, therefore, pass following order:

a) The order dated 7 April 2022 passed by the City Civil Court, Greater Mumbai in Summons For Judgment No.204 of 2014 in Summary Suit No.1076 of 2013 is quashed and set aside.

b) The proceedings are remanded back to the Judge, Court No.13, City Civil Court, Greater Mumbai, for considering of Summons For Judgment No.204 of 2014 on merits.

28-wp-8410-2022.doc

2. Both the parties are permitted to place on record relevant material necessary for adjudication of issue involved.

3. Considering the pendency of suit, the City Civil Court, Greater Mumbai is directed to expedite hearing of Summons For Judgment No.204 of 2014.

4. The writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)