Messrs Kalpana Industries Limited vs. Jaiprakash Devoo Kamble

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUNATION SHEET WRIT PETITION NO.5398 OF 2006 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Anil Singh i/b Mr.D.R.Shah for the Petitioner CORAM: A.S.OKA, J. DATE : FEBRUARY 5,2007. P.C.: Rule returnable early. Prayer for Ad-interim relief cannot be granted. The Trial court cannot be prevented from hearing the Application, if any, for grant of leave to defend the suit. Rule on interim relief is made returnable on 12th April 2007. In the meanwhile, the Trial Court can proceed with the hearing of the Application for leave, if any. However, trial of the suit cannot proceed till further orders. JUDGE

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5398 OF 2006 Office notes, office memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders. · • • • Shri D.R.Shah Shri D.R.Shah for the Petitioner. ••• CORAM : ABHAY S.OKA, J. DATED : APRIL 12, 2007. P.C.: 1.If Bhatta is not paid within a period of two weeks from today, the Writ Petition will stand dismissed for non prosecution without further reference to the Court. If Bhatta is paid within the stipulated time, office will issue notice returnable on 13th June, 2007. JUDGE

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5398 OF 2006 M/s.Kalpana Industries Ltd. Petitioner versus Jaiprakash Devoo Kamble Respondent Mr.Yadav for petitioner. Ms.Foziya Shaikh for respondent. CORAM : A.S.OKA, J. DATE : 18th June 2007 PC : Heard advocates appearing for the parties. By the impugned order the learned Trial Judge has rejected the application made by the petitioner under section 10 of the Code of Civil Procedure, 1908 for stay of the proceedings of Summary Suit No. 3 of 2005 on the ground that the civil suit bearing T.S.No.693 of 2005 is pending between the same parties in the City Civil Court, at Kolkata. The learned advocate for the respondent has produced for my perusal a copy of the order dated 23rd February 2007 passed by the learned Judge of the City Civil Court, at Kolkata which shows that the Suit No.693 of 2005 has been dismissed for default. In view of dismissal of the said suit for default, nothing survives in this petition and the same is disposed of. In the event, the Suit No.693 of 2005 is restored, the petitioner will be entitled to apply for restoration of this petition. (A.S.OKA, J.)