Supreme Court - Daily Orders
Cosmo Films Ltd. vs Tapas Kanti Mandal on 26 September, 2018
Bench: Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta
1
ITEM NO.16 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).25937/2018
(Arising out of impugned final judgment and order dated 16-08-2018
in WP No. 2875/2018 passed by the High Court of Judicature at
Bombay at Aurangabad)
COSMO FILMS LTD. Petitioner(s)
VERSUS
TAPAS KANTI MANDAL Respondent(s)
(WITH I.R.)
Date : 26-09-2018 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. Shashibhushan P. Adgaonkar, AOR
For Respondent(s) Mr. A. Sharan, Sr. Adv.
Mr. Amit Anand Tiwari, AOR
Ms. Mary Mitzy, Adv.
Ms. Harshal Gupta, Adv.
Mr. Samarth Khanna, Adv.
Mr. Shashwat Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We are not at all satisfied whether a writ petition under Articles 226 and 227 of the Constitution could be maintained against the injunction order passed by the Civil Judge, Junior Division, Gangapur on 17th February, Signature Not Verified 2018 in Regular Civil Suit No.16/2018 since an appeal Digitally signed by SANJAY KUMAR Date: 2018.09.26 17:21:11 IST Reason: lies against such an order under Order XLIII Rule (1)(r) of the Civil Procedure Code, 1908.
2Under the circumstances, we set aside the impugned order passed by the High Court of Judicature at Bombay at Aurangabad in Writ Petition No.2875/2018. However, liberty is granted to the respondent to avail an appropriate remedy in accordance with law. In case the respondent files an appeal in accordance with law, the issue of limitation will not come in the way.
We make it clear that the Appellate Court will not be influenced by the impugned order passed by the High Court.
The special leave petition stands disposed of.
(SANJAY KUMAR-I) (KAILASH CHANDER)
AR-CUM-PS ASSISTANT REGISTRAR