Bombay High Court
Zircon Venture Co-Operative Housing ... vs M/S. Zircon Venture And Ors on 18 March, 2019
Author: M. S. Sonak
Bench: M. S. Sonak
Dinesh Sherla 4-cao-103-19 in rpwst-3998-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 103 OF 2019
IN
REVIEW PETITION (ST) NO. 3998 OF 2019
Zircon Venture Cooperative
Housing Society Ltd. .. Applicant/Petitioner
vs.
M/s. Zircon Ventures and ors. .. Respondents
Mr. R.P. Joshi i/b. Deai Legal for the Applicant/Petitioner.
CORAM : M. S. SONAK, J.
DATE : 18 MARCH 2019. P.C. :-
1] Heard Mr. R.P. Joshi, learned counsel for the applicant. 2] In the first place, the delay in institution of review petition against the judgment and order dated 8 th May 2014 in Writ Petition No. 3483 of 2014 is of 4 years and 7 and ½ months.
3] Upon perusal of the civil application, it cannot be said that there is any proper explanation for this inordinate delay. Accordingly, no case is made out to condone such inordinate delay. This Civil Application is accordingly liable to be dismissed and is hereby dismissed.
1/2 ::: Uploaded on - 18/03/2019 ::: Downloaded on - 19/03/2019 04:39:51 ::: Dinesh Sherla 4-cao-103-19 in rpwst-3998-19 4] Even otherwise, it is necessary to note that the judgment and order dated 8th May 2014 of which review is applied for, was made in the context of interim reliefs. The civil suit is admittedly pending. It is well settled that any observations in any orders made at the interim stage, need not influence by the trial Court for deciding the main suit on merits, after the parties have led their evidence in the matter. 5] For aforesaid reasons, the Civil Application is dismissed. As a consequence, the review petition need not be registered and is also disposed of.
(M. S. SONAK, J.) 2/2 ::: Uploaded on - 18/03/2019 ::: Downloaded on - 19/03/2019 04:39:51 :::