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Bombay High Court

RAMESH PREMCHAND AGARWAL AND ANOTHERversusS. D. CORPORATION PRIVATE LIMITED AND OTHERS

Decided
Disposal
Disposed Off

Holding

The trial court must hear and dispose of Notice of Motion No. 1716 of 2020 by 30 April 2026, uninfluenced by the earlier ad‑interim order.

Summary

The appellants Ramesh Premchand Agarwal & Anr. appealed against an ad‑interim order dated 23 December 2020 in which the trial court refused interim relief. The High Court noted that the pending Notice of Motion No. 1716 of 2020 had not yet been heard. By consent of the parties, the Court ordered the trial court to hear and dispose of the motion as expeditiously as possible, and in any event by 30 April 2026, and to disregard the earlier ad‑interim order. Both parties agreed not to seek further adjournments and to cooperate for speedy disposal. The Court also allowed the parties to place a digitally signed copy of this order before the trial court to possibly advance the hearing date. The appeal was disposed of without any order as to costs.

Issues considered

  • Whether the trial court should be bound by its earlier ad‑interim order refusing relief
  • Whether the pending Notice of Motion should be heard and disposed of within a specified time frame

Subjects

  • interim relief
  • appeal
  • procedural order
  • trial court
  • notice of motion
  • case management

Judgment

                                                                                                                                                                                                                                 29. Ramesh Vs. S. D. Corporation




        Digitally
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        signed by

JYOTI
        JYOTI
        PRAKASH
PRAKASH PAWAR
                                     CIVIL APPELLATE JURISDICTION
PAWAR   Date:
        2026.02.18
        19:49:16
        +0530                      APPEAL FROM ORDER NO. 33 OF 2021
                                                 WITH
                                  INTERIM APPLICATION NO. 245 OF 2021
                                                  IN
                                   APPEAL FROM ORDER NO. 33 OF 2021

       Ramesh Premchand Agarwal & Anr.                                                                                                                                                                                           … Appellants
                     V/s.

       S. D. Corporation Private Limited & Ors.           … Respondents
                       _______________________________________

       Mr. Anil Sakhare, Senior Advocate, Mr. Sanjeev Singh, Mr. Ritesh Singh a/w.
       Mr. Siddharth Mishra for Appellant.
       Mr. Karl Tamboly a/w. Mr. Aryan Srivastava, Mr. Sahil Singh and Ms. Dhun
       Vinod Santosh i/b. Wadia Ghandy & Co. for Respondent No. 1.

                                  ______________________________________

                                                                     CORAM : FARHAN P. DUBASH, J.
                                                                     Date :                                                                                                    17th FEBRUARY 2026

       P. C :

       1.                    The present Appeal challenges an ad-interim order dated 23 rd

       December 2020. By this order, the Trial Court, at the ad-interim stage had

       refused ad-interim reliefs to the Plaintiff/Appellant herein.

       2.                    On inquiry, this Court is informed that till date, Notice of Motion

       No. 1716 of 2020 is still pending hearing. Considering this, by consent of

       parties, the following order is passed:

                                                                                   :: ORDER ::

                            (i)          The Trial Court shall forthwith hear and


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                                                          Order dated 17th February 2026
                                                                                                                                                                                                                 29. Ramesh Vs. S. D. Corporation




            dispose of the said Notice of Motion No. 1716 of 2020 as

            expeditiously as possible and in any event, on or before 30 th

            April 2026.

            (ii)          The Trial Court will be uninfluenced by the ad-

            interim order dated 23rd December 2020 as well as this

            order.

            (iii)         Both Counsels submit that they will not seek

            any adjournment before the Trial Court and will give full co-

            operation so as to ensure that the Trial Court is in a position

            to hear and dispose of Notice of Motion No. 1716 of 2020

            before 30th April 2026. The statement is accepted.

            (iv)          Parties are at liberty to place a copy of this

            order digitally signed by the Personal Assistant/Private

            Secretary of this Court before the Trial Court and seek to

            prepone the date of hearing of Notice of Motion No. 1716 of

            2020 which this Court is informed is placed on 1 st April

            2026.

            (v)           The present Appeal is disposed of in terms of

            the aforesaid order with no order as to costs.




                                                                                                                                                                          ( FARHAN P. DUBASH, J. )
Mandar M.




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                                          Order dated 17th February 2026


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