Order 4

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1200191 DV 2021 Sabina Vs Feroz & Ors.
CNR-MHMM18-005654-2021
FURTHER ORDER BELOW EXH.3
1. In pursuance of the application filed by applicant and directions
issued by Hon'ble High Court on 14.12.2021, this matter is taken on board
today.
2. Heard Ld. Advocate Mr. Mathew Nedumpara, for the applicant. In
his arguments he submitted the various facts and circumstances occurred
leading to filing this application along with other merits of the matter.
3. The Ld. Advocate for the respondent also present. At the beginning
of his submissions, this court drawn his attention towards order dated
14.12.2021, passed by Hon'ble High Court, and order of this court dated
06.12.2021. It is inquired with him whether he has not brought this fact to
the notice of Hon'ble High Court, that the application for interim reliefs is
already decided on 06.12.2021? It is also asked him, whether he wants to
argue the said application on merits again? and if he is of the opinion that
this court has still has jurisdiction to decide this application again, to file
application making prayer along with affidavit to that effect.
4. In reply Ld. Advocate Shri. Asadali Mazgaonwala, submitted that
the fact of decision dated 06.12.2021, is brought to the notice of the
Hon'ble High Court and while passing order on the said day the issue
before the said court was only in respect of pre-ponement of date. He
acknowledged that the order attained finality so far as jurisdiction of this
court to decide the prayer of interim reliefs is concerned. He conceded
that the jurisdiction to decide and pass any order on interim reliefs is now
with higher courts. He is not ready to file any application and affidavit
asked by this court to re-hear the application for interim reliefs again.
Thus, this court ceased to have jurisdiction to pass any further order on
application for interim reliefs.
-- 1 of 2 --
C. C. No. 1200191 DV 2021 Sabina Vs Feroz & Ors.
CNR-MHMM18-005654-2021
5. After that Ld. Advocate Mr. Mathew Nedumpara, for the applicant
made submissions that respondent has not opened his mouth, on the
merits of the case. He made submissions only about ex-parte reliefs,
therefore, order shall be passed. But in view of facts preceding paragraphs
and previous order, there arises no question of permitting respondent to
open his mouth for hearing him again. The submissions made by Ld.
Advocate for applicant have no legal basis.
6. Much has been discussed about his submissions and his legal
considerations by this court in its order dated 06.12.2021, which
compelled this court to pass order without going into merits of the matter.
This is very unfortunate, but as observed above, this court ceased to have
jurisdiction so far as application for interim reliefs is concerned.
Therefore, no order passed. Now the matter is kept on 22.01.2022, for
filing say of the remaining respondents on main application, as prayer for
interim reliefs is already decided.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
-- 2 of 2 --