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Razia Amirali Shroff & Ors. v. M/s Nishuvi Corporation & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5514 of 2012)Decided 9 Oct 2015
Civil Appeal No. 5514 of 2012
Justice M.Y. Eqbal · Justice Kurian Joseph

Background

This is an interim order, not a final judgment. In a property and construction dispute, the Court dealt with an application to restrain construction and third-party rights pending the appeal, an application seeking proceedings under Sections 195 and 340 CrPC, and a review petition. The review was limited to the Court's failure to decide ad-interim relief under Section 9A(2) of the Maharashtra amendment to the Code of Civil Procedure.

Decision Breakdown

This is an interim order, not a final judgment. By its order of 9 October 2015, the Court declined to grant the ad-interim relief. It noted that Notice of Motion No. 3616 of 2010 is still pending in the High Court and that the petitioners may press it there, to be heard together with the preliminary issue under Section 9A(1).

Lesson Learnt

There is no final ruling yet on whether construction should be restrained. That question remains with the Bombay High Court.

Official source (sci.gov.in)View Judgment (PDF)

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