Bombay High Court
RAMESH PREMCHAND AGARWAL AND ANOTHERversusS. D. CORPORATION PRIVATE LIMITED AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
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
Page 1 of 2
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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.
Page 2 of 2
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Order dated 17th February 2026
Checking your session…