Bombay High Court
Kishan P. Chhabria And Anr vs Prakash Pralhad Chhabria And Ors on 21 September, 2018
osk 509-caast-27067-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION (ST.) NO. 27067 OF 2018
IN
APPEAL FROM ORDER (ST.) NO. 27066 OF 2018
Kishan P. Chhabria & Anr. ... Applicants
In the matter between
Kishan P. Chhabria & Anr. ... Appellants
V/s.
Prakash Pralhad Chhabria & Ors. ... Respondents
• Mr.Birendra Saraf a/w. Mr.Rohit Gupta, Mr.Amit, Ms.Anita
Dubey and Mr.Bhargav i/b. HSA Advocates for the
Applicants/Appellants.
• Mr.Prasad S. Dani, Senior Advocate a/w. Mr.Vishal Kanade i/b.
Mr.Shailendra Kanetkar for Respondent No.1.
• Mr.Girish Godbole for Respondent No.2.
• Mr.Ravi Kadam, Senior Advocate a/w. Mr.Ashish Kamat i/b.
Mr.Abhijeet Marathe for Respondent No.3.
CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.
DATE : 21 st SEPTEMBER, 2018. P.C. : 1] Not on board. Upon mentioning taken on production board. 1/3 ::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:46:44 ::: osk 509-caast-27067-2018.odt 2] Heard Mr.Saraf, learned counsel for the Appellants,
Mr.Dani, learned Senior Counsel for Respondent No.1, Mr.Godbole, learned counsel for Respondent No.2 and Mr.Kadam, learned Senior Counsel for Respondent No.3.
3] This Application is filed in Appeal from the Order dated 19th September, 2018, passed by the 5 th Jt. Civil Judge, Senior Division, Pune, in Special Civil Suit No.1418 of 2016. By the impugned order, the trial Court has rejected the application (Exhibit-88) filed by the Appellant before the trial Court. The Certified Copy of the reasoned order is not available today. The matter is moved urgently in view of the Board Meeting scheduled to be held on 22 nd September, 2018. It is requested by this Application that pending the hearing and final disposal of the Appeal, this Court be direct the Respondent No.1 and 3 to defer/adjourn the Board Meeting scheduled on 22 nd September, 2018.
4] It is submitted by learned counsel for the Respondents that this prayer was not made before the trial Court, though the notice of the Board Meeting which is scheduled on 22 nd September, 2018, was received by the Appellant on 15th September, 2018. 2/3 ::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:46:44 :::
osk 509-caast-27067-2018.odt 5] In view thereof, the submission is made by learned counsel
for the Respondents that let the Board Meeting take place on 22 nd September, 2018 and it would be subject to the decision of this appeal, as the Respondents will be bound by the result of this appeal. 6] In view thereof, the matter is placed for "hearing" on 24 th September, 2018 (High on Board). It is made clear that, at this stage, no interim relief is granted.
7] It is further made clear that whatever voting after the Board Meeting that may take place tomorrow, day after tomorrow or before 24th September, 2018, it shall be subject to the order to be passed by this Court.
[DR.SHALINI PHANSALKAR-JOSHI, J.] 3/3 ::: Uploaded on - 21/09/2018 ::: Downloaded on - 23/09/2018 01:46:44 :::