Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 77585 (BOM)

MARATHON REALTY PVT. LTD. v. THE BRIHANMUMABAI ELECTRIC SUPPLY AND TRANSPORT

AO/113/2022 · 2025-12-12

Shri Firdosh Phiroze Pooniwalla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

sr.5-ao-113-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 113 OF 2022 WITH INTERIM APPLICATION NO. 638 OF 2022 IN APPEAL FROM ORDER NO. 113 OF 2022 Marathon Realty Pvt. Ltd. .. Appellant Versus The Brihanmumbai Electric Supply & Transport .. Respondents Adv. Sukand Kulkarni a/w Adv. Sayli Shinde i/b M/s. Kartikeya & Associates, for the Appellant. Adv. Harinder Toor a/w Adv. Shraddha Nagaonkar i/b Adv. Sagar Shetty, for Respondents. CORAM: FIRDOSH P. POONIWALLA, J. DATE: DECEMBER 12, 2025 P. C. 1. This Appeal challenges an Order dated 18th December, 2021 passed by the Bombay City Civil Court, whereby ad-interim relief was rejected by the Court. In the present Appeal, by an Order dated 11th February, 2022 passed by this Court, both parties were directed to maintain status-quo of the obtaining situation as on that date. This order has been continued till today. 2. In the light of this position, the learned counsel for the Appellant has requested that the present Appeal can be disposed of, Notice of Motion No. 651 of 2022 filed in the Bombay City Civil Court in Suit No. 2296 of 2021 be expedited and be directed to be heard within a time bound frame and till the said Notice of Motion is decided the Order dated 11th February, 2022 of maintaining status-quo be continued. Mansi Shelke 1 SMITA RAJNIKANT JOSHI Digitally signed by SMITA RAJNIKANT JOSHI Date: 2025.12.18 14:36:12 +0530 sr.5-ao-113-2022.doc 3. Since the Impugned Order is dated 18th December 2021, and the Order passed by this Court of maintaining status-quo is dated 11th February, 2022, in my view it would be reasonable to accept the request of the learned counsel for the Appellant. 4. In these circumstances, the following order is passed : a) Notice of Motion No. 651 of 2022 filed in Suit No. 2296 of 2021 in Bombay City Civil Court is expedited and the Court is directed to decide the same within a period of 12 weeks from today. b) For a period of 12 weeks from today both parties will maintain status-quo as on 11th February, 2022. c) It is made clear that this Order has been passed without prejudice to the rights and contentions of the parties and without going into the merits of the matter. d) Appeal from Order is disposed of. There will be no order as to costs. e) In light of the disposal of the Appeal, Interim Applications are rendered infructuous and are disposed of as such. [FIRDOSH P. POONIWALLA, J.] Mansi Shelke 2