[Cites 1, Cited by 0]
Bombay High Court
Dugad Infrastructure Llp Thr Its ... vs M/S. Lunkad Realty Thr Its Partner Mr ... on 18 May, 2026
2026:BHC-AS:22607
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.447 OF 2026
WITH
INTERIM APPLICATION NO.3639 OF 2026
BHALCHANDRA
IN
GOPAL APPEAL FROM ORDER NO.447 OF 2026
DUSANE
Digitally signed by
BHALCHANDRA
GOPAL DUSANE
Dugad Infrastructure LLP ... Appellant
Date: 2026.05.19
15:29:37 +0530 through its Partners, Daugad Infracon LLP
Vs.
M/s Lunkad Realty, ... Respondent
through its Partner, Mr. Amit Kantilal Lunkad
Ms. Ankit Lohia a/w Mr. Vishal Raman, Mr. Gopal Agrawal, Ms. Aditi
Rajput, Mr. Swapnil Sangle i/by Mr. Prajit S. Sahane, for the Appellant
Mr. Girish Godbole, Senior Advocate a/w Mr. Hrishikesh S. Shinde, Mr. Jay
S. Patil, Mr. Nikhil Singhvi, Mr. Karan Parmar and Siddharth N. Sutaria for
Respondent No.1.
CORAM : GAUTAM A. ANKHAD, J.
(VACATION COURT)
DATE : 18th MAY 2026.
P.C. :
1. I have perused the Impugned Order dated 6 th May 2026. During the
course of hearing, upon a query put by the Court, Mr. Godbole, learned
senior counsel appearing for Respondent no.1, on instructions submits that
the impugned order dated 6th May 2026 may be set aside on the limited
ground that the mandatory requirements of the proviso to Order XXXIX
Rule 3 of the Code of Civil Procedure, 1908 has not been complied with.
1 AO 447.26+.doc Dusane
2. In view of the aforesaid statement and considering that the impugned
order has been passed without compliance of the requirements of reasons
contemplated under the proviso to Order XXXIX Rule 3, the parties have
agreed that the Exhibit 5 Application itself may be reconsidered afresh by
the trial Court after granting an adequate opportunity to all concerned
parties.
3. Accordingly, by consent of the parties, the following order is passed:
(i) The impugned order dated 6th May 2026 is quashed and set
aside, without adjudicating upon the merits of the rival
contentions of the parties.
(ii) The Appellant herein shall file an affidavit-in-reply to the
Exhibit-5 Application on or before 28th May 2026. Respondent
No.1 (original Plaintiff) is at liberty to file a rejoinder, if any, on
or before 4th June 2026. The parties shall adhere to the timelines
and shall not seek any extension of time.
(iii) The trial Court shall hear and decide the Exhibit-5
Application on its own merits and in accordance with law,
without being influenced either by the observations contained in
the impugned order or by the present order passed by this Court.
1 AO 447.26+.doc Dusane
The parties shall cooperate for expeditious disposal of the
Exhibit-5 Application.
(iv) The parties shall appear before the learned trial Court on
8th June 2026 for further proceedings in the Exhibit-5
Application. The trial Court shall endeavour to hear and dispose
of the said Application expeditiously and preferably within a
period of three weeks thereafter.
(v) All rights and contentions of the parties on the merits of
the matter are expressly kept open.
4. Appeal from Order No. 447 of 2026 is disposed of in above terms.
The Interim Application does not survive and the same is also disposed of.
[ GAUTAM A. ANKHAD, J. ]
1 AO 447.26+.doc Dusane
