Neeta Sawant 1-RPW-80-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 80 OF 2025 IN WRIT PETITION NO. 17014 OF 2024 Salim Haroon Kacchi & Anr. ….Petitioners : Versus : Madhukar Gajanan Jog & Ors. ….Respondents Mr. M.L. Patil, for the Review Petitioner. Coram : Sandeep V. Marne, J. Dated : 2 May 2025. P.C. : 1) Petitioners have filed the present petition seeking review of order dated 25 November 2024 passed by this Court. I have heard Mr. Patil, the learned counsel appearing for the Petitioners. This Court has refused to interfere with the order dated 11 July 2024 passed by the Trial Court by which prayer of the Petitioners for passing judgment on admission under the provisions of Order XII Rule 6 of the Civil Procedure Code, 1908 was rejected. This Court has held that the Defendant has not admitted subletting but taken the defence of transfer of the entire business with goodwill. This Court has observed that ____________________________________________________________________ Page No. 1 of 2 Friday, 2 May 2025 Neeta Sawant 1-RPW-80-2025.docx whether such defence is permissible or not is something which needs to be decided at the time of final hearing of the suit. Reliance is sought to be placed on the judgment of Coordinate Bench of this Court in Sundeep Singh Kanwaljit Singh Lamba Versus. Rajesh Sureschandra Shah and Ors.1 in support of his contention that transfer of business together with goodwill is prohibited and that the same amounts to subletting. In my view, this contention sought to be raised on behalf of the Petitioners needs to be adjudicated by the Trial Court at the time of final hearing of the Suit. No case for review of the order is made out in absence of any error apparent on the face of record. The Review Petition is accordingly rejected. [SANDEEP V. MARNE, J.] 1 CRA-144-2019 DECIDED ON 12.4.2019 ____________________________________________________________________ Page No. 2 of 2 Friday, 2 May 2025 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2025.05.03 16:03:19 +0530