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2025 DAILYLAW 41093 (BOM)

SAMRAT SPUN PIPE COMPANY , THROUGH PARTNERS v. BHIMRAO BALWANT POWAR AND ORS.

WP/11355/2018 · 2025-06-11

Shri Milind N Jadhav

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

908. CIVIL WP-11355-18 & IAST-24385-24.docx Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11355 OF 2018 WITH INTERIM APPLICATION (ST) NO. 24385 OF 2024 Samrat Spun Pipe Company through Partners Khaliltulla Rahimtullah Maner & Anr. .. Petitioners Versus Bhimrao Balwant Powar & Ors. .. Respondents ....................  Mr. Bhushan Walimbe, Advocate for Petitioners  Mr. Prathamesh Kamat a/w Ms. Snehal Patil i/by Maniar Srivastava Associates, Advocate for Respondent No. 1  Mr. Prajat M. Arjunwadkar, Advocate for Respondent Nos. 10 to 16 ................... CORAM : MILIND N. JADHAV, J. DATE : JUNE 11, 2025 P. C. : 1. Heard Mr. Walimbe, learned Advocate for Petitioners; Mr. Kamat, learned Advocate for Respondent No. 1 and Mr. Arjunwadkar, learned Advocate for Respondent Nos. 10 to 16. 2. Considering the issue involved in the present Writ Petition, without delineating any opinion on merits on the facts of the case so as the same should not affect the substantive rights of the parties in the pending Suit proceedings i.e R.C.S. No. 544/2013 pending before the Civil Judge Senior Division, Kolhapur, present Writ Petition is disposed of with the following directions:- 1 of 2 908. CIVIL WP-11355-18 & IAST-24385-24.docx 2.1. Sequitur to the mutation entries in the impugned order dated 24.03.2017 which is appended at page No. 72, Exh. "J" of the Petition shall be subject to determination of the substantive rights of parties to the Petition in the Civil Suit and determination of the said Civil Suit in accordance with law. 2.2. Adhering to the request made by learned Advocates at the Bar, R.C.S. No. 544/2013 is directed to be determined as expeditiously as possible and in any event within a period of six months from today. All parties through their Advocates have consented to not cause any delay in disposal of the Suit and not seek any unnecessary adjournments. 2.3. All contentions of the parties in the Suit are expressly kept open as the Suit shall be determined on the basis of evidence led in the said Suit without being influenced by any of the observations made in the impugned order which is the subject matter of the present Writ Petition. 3. Writ Petition is disposed in the above terms. 4. In view of disposal of the Writ Petition, nothing further survives in the pending Interim Application. The Interim Application is also disposed of. Amberkar [ MILIND N. JADHAV, J. ] 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2025.06.11 15:19:53 +0530