Bombay High Court
Jaya Parmanand Patel vs Sudha Chowgule And Ors on 21 September, 2022
Author: R. D. Dhanuka
Bench: R. D. Dhanuka
KVM
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901 -APPL 30033 OF 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
KANCHAN KANCHAN VINOD
VINOD MAYEKAR
Date: 2022.09.22
MAYEKAR 17:52:21 +0530
APPEAL (L) NO. 30033 OF 2022
IN
INTERIM APPLICATION (L) NO. 27907 OF 2022
Jaya Parmanand Patel ..... Appellant
VERSUS
Sudha Chowgule & Ors. ..... Respondents
Mr.Karl Tamboly, a/w. Mr.Jamsheed Master, Declan Fernandez,
Mr.Adit P., Purzar Fouzdar, i/b. M/s.Vigil Juris for the Appellant.
Mr.Ashish Kamat, a/w. Mr.Jay Zaveri, Ms.Shruti Katakey, Ms.Rhea
Prakash, i/b. M/s.Crowford Bayley & Co. for the Respondent no.1.
Mr.Sarosh Bharucha for the Administrator Mr.Maneck Mulla.
CORAM: R. D. DHANUKA AND
KAMAL KHATA, JJ.
DATE : 21ST SEPTEMBER, 2022 P.C:-
Admit. Mr.Kamat, learned counsel for the respondent no.1 waives service. Mr.Bharucha, learned counsel waives service for the administrator.
2. Learned counsel appearing for the parties jointly agree that no reasons are required for granting interim relief. Statement is accepted.
3. Mr.Kamat, learned counsel for the respondent no.1 on instruction states that he will not pray for implementation of the order dated 14 th KVM 2/3 901 -APPL 30033 OF 2022.doc September, 2022 passed by the learned Single Judge in Interim Application (L) No. 27907 of 2022 for eight weeks.
4. Mr.Tamboly, learned counsel for the appellant states that his client will file an application within one week from today before the Foreign Exchange Management Act (FEMA) Appellate Tribunal for expeditious hearing of the appeal preferred by his client. Statement is accepted. If any such application is made for early hearing of the said appeal, FEMA Appellate Tribunal is requested to dispose off the said appeal along with pending application, if any, expeditiously and shall make an endeavour to dispose off the appeal within eight weeks from the date of such application. The parties to the said appeal shall not seek any unnecessary adjournments before the Tribunal and shall co- operate with each other and with the Tribunal in disposing off the appeal expeditiously.
5. The appellant agrees to inform the learned counsel for the respondent no.1 and also the administrator about the progress of the said appeal once in a month.
6. The administrator of the respondent no.4 is directed not to KVM 3/3 901 -APPL 30033 OF 2022.doc implement the order passed by the learned Single Judge without prior leave of this Court.
7. Mr.Tamboly, learned counsel for the appellant submits that he will apply for early date before the learned Single Judge for hearing of the Review Petition (L) No. 26132 of 2021 expeditiously. If any such application is made, the learned Single Judge who is assigned this matter is requested to hear such review petition expeditiously and shall pass order in accordance with law without being influenced by the observations made and conclusions drawn in the impugned order dated 14th September, 2022 in Interim Application (L) No. 27907 of 2022.
8. Place the matter on board for directions to ascertain the progress of the appeal filed before the FEMA Appellate Tribunal and the review petition pending before the learned Single Judge on 12th December, 2022.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.]