Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF Shri. V. M. Pathade
COURT 62 ADDL SESSIONS JUDGE
Case No.: NOTICE OF MOTION / 103121 / 2019 CNR Number: MHCC010084942019
Darius R Kavasmaneck Vs Maharukh Murad Oomrigar 2. Percy Rutton Kacasmaneck 3. Gharda Chemicals Ltd
M/s. Dhru And Co. Advocate /
06-04-2024 IN THE COURT OF Shri. V. M. Pathade, ADDL
SESSIONS JUDGE
Next/Disposal Date
06-04-2024
Adv. Mitesh Naik for plaintiff present.
Adv. Shubham Kalbere for defendant no. 2 present.
The Ld. Counsel for plaintiff moved application . It is taken
on record and marked as Exh.48. It is for transferring the
record and proceeding of the present suit bearing no.
837/2017 along with the NM No. 3121/2019 to the Honble
Bombay High Court to be heard along with the
Testamentary Suit NO. 135/2016 pending before the
Honble Bombay High Court, in view of the order passed by
Honble Supreme Court of India in Special Leave to Appeal
(C) No. 4269/2022 (Arising Out Of Final Judgment and
Order dtd. 08-10-2021 in M. C. A. No. 329/2019 passed by
Honble Bombay High Court.) The application is
accompanied with a print out of the order dtd. 19-03-2024
passed by the Honble Supreme Court, India in the above
stated petition. The Ld. Counsel for plaintiff would make
submission that the print out of the said order is taken from
the official website of the Honble Supreme Court of India.
From the said order it is apparent that the present suit is
directed to be transferred to the Honble Bombay High
Court for being heard along with Testamentary suit No.
135/2016 by Honble Bombay High Court. In this view of
the matter the application Exh. 48 will have to be allowed
and stands allowed accordingly. The record and proceeding
of S.C. Suit No. 837/2017 along with the NM No.
3121/2019 be sent to the Honble Bombay High Court for
being heard with Testamentary Suit No. 135/2016 by
Honble Bombay High Court. Hence, Suit no. 837/2017 and
NM No. 3121/2019 be removed from CIS.
TRANSFER TO HIGH COURT: Proceeding is closed
Judge
06-04-2024
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