Ashraf G. Kinikar vs Mohd.Manzoor Md.Hashim And Ors
2024 Latest Caselaw 348 Bom

Bombay High Court

Ashraf G. Kinikar vs Mohd.Manzoor Md.Hashim And Ors on 8 January, 2024

Author: A. S. Gadkari

Bench: A. S. Gadkari

2024:BHC-AS:1127-DB



           RVC                                                                   9. LPA 91-13.docf



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CIVIL APPELLATE JURISDICTION

                                   LETTERS PATENT APPEAL NO.91 OF 2013
                                                    IN
                                      WRIT PETITION NO.6485 OF 1998
                                                   WITH
                                     CIVIL APPLICATION NO.115 OF 2013

           Ashraf G. Kinikar of Mumbai                                   ... Appellant
                 V/s.
           Mohd. Manzoor Md. Hashim of Mumbai & Ors.                     ... Respondents


           Mr. Shrinivasan Mudaliar i/b Federal & Company for the Appellant.
           Mr. G.S. Hegde, Senior Counsel i/b Ms. P.M. Bhansali for Respondent No.1.
           Mr. Hasan Sayed i/b Mr. R.A. Shaikh for Respondent Nos.2 and 3.


                                                   CORAM : A. S. GADKARI AND
                                                           SHYAM C. CHANDAK, JJ.

DATE : 8th January 2024.

P.C. :

1) The Letters Patent Appeal against Order passed by the learned

Single Judge, under the Maharashtra Co-operative Societies Act, 1960,

according to us, is not maintainable.

2) Learned counsel appearing for the Appellant on instructions,

therefore seeks leave to withdraw the Appeal with liberty, to pursue the

remedy granted in favour of the Appellant, particularly in para No.(iv) of the

impugned Judgment and Order dated 9th November, 2011.

Leave and liberty granted.

RVC 9. LPA 91-13.docf

4) Letters Patent Appeal is disposed off as withdrawn with

aforesaid liberty.

5) In view of disposal of the Letters Patent Appeal, Civil Application

No.115 of 2013 pending therein does not survive and is accordingly disposed

off.

( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )