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Bastion Constructions vs Nusli N. Wadia on 13 October, 2017

Bench: S.A. Bobde, L. Nageswara Rao

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     ITEM NO.11                                COURT NO.5                 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......./2017
                                                      Diary No.31314/2017

     (Arising out of impugned final judgment and order dated 17-07-2017
     in NOM No.1049/2017 in Appeal No.289 of 2015 and interim order
     dated 15-06-2017 in NOM No.1049 of 2017 in Appeal No.289 of 2015
     and order dated 28-11-2016 in NOM No.2310/2016 in Appeal No.289 of
     2015 passed by the High Court Of Judicature At Bombay)

     BASTION CONSTRUCTIONS                                                  Petitioner(s)
                                                       VERSUS

     NUSLI N. WADIA & ORS.                                                  Respondent(s)

     (IA   No.101504/2017-CONDONATION  OF   DELAY   IN  FILING  and  IA
     No.101505/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.101507/2017-PERMISSION TO FILE LENGTHY LIST OF DATES and
     IA No.105031/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

     Date : 13-10-2017 This petition was called on for hearing today.
     CORAM :
              HON'BLE MR. JUSTICE S.A. BOBDE
              HON'BLE MR. JUSTICE L. NAGESWARA RAO

     For Petitioner(s)                   Mr.   Mukul Rohatgi, Sr. Adv.
                                         Ms.   Rati Lodha, Adv.
                                         Mr.   Karan Bhonsale, Adv.
                                         Ms.   Dorlas Jones, Adv.
                                         Mr.   Kush Chaturvedi, AOR

     For Respondent(s)                   Mr. Sanjiv Sen, Sr. Adv.
                                         Mr. Debmalya Banerjee, Adv.
                                         Mr. Bhupendra Singh, Adv.
                                         Mr. Kartik Bhatnagar, Adv.
                                         Mr. A.S. Aman, Adv.
                                         Mr. Manish Sharma, Adv.
                                         Mr. Aviral Kapoor, Adv.
                                         Mrs. Manik Karanjawala, Adv.
                                         For M/s Karanjawala & Co., AOR

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

Signature Not Verified Delay condoned.

SANJAY KUMAR Date: 2017.10.13 17:01:20 IST Reason: We have heard learned Senior Counsel appearing for the parties.

In the circumstances of the case, we do not propose to entertain this special leave petition. It appears that the High Court did not consider the question of putting the respondents to terms in view of Order XLI Rule 5 of the Code of Civil Procedure, 1908. The High Court may do so as expeditiously as possible. While doing so, it is open to the High Court to consider the prayer for granting early hearing of the matter.

With the aforesaid observation, the special leave petition is disposed of.

Pending interlocutory applications, if any, stand disposed of.

(SANJAY KUMAR-II)                                  (INDU KUMARI POKHRIYAL)
COURT MASTER (SH)                                         BRANCH OFFICER