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Bombay High Court

M/S KOYNA POWER LIMITEDversusSUNIL BHIKAJI KANADE

Decided
Disposal
Disposed Off

Holding

The order dated 04.03.2026 is set aside.

Summary

M/s. Koyna Power Ltd appealed Order No. 406 of 2026 dated 04.03.2026. By consent, the High Court set aside that order and directed that Notice of Motion No. 1903 of 2021 be heard and finally decided within six weeks of the parties' appearance before the Trial Court. The parties agreed to appear before the Trial Court on 08.06.2026 with a server copy of the appellate order. The Court expressly kept the question of pecuniary jurisdiction open for determination by the Trial Court. The status‑quo order previously granted by the Trial Court was ordered to continue until the motion is disposed. The appeal and the accompanying interim application were thereafter disposed.

Issues considered

  • Whether the order dated 04.03.2026 is valid and should be set aside
  • Whether the Trial Court has jurisdiction over the suit on pecuniary grounds
  • Whether the status‑quo order should remain in force pending determination of the motion

Subjects

  • appellate jurisdiction
  • pecuniary jurisdiction
  • status quo
  • notice of motion
  • consent order
  • civil procedure

Judgment

                                                                           3. AO-406-2026.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION


                           APPEAL FROM ORDER NO. 406 OF 2026
                                         WITH
                        INTERIM APPLICATION (ST) NO. 7117 OF 2026

           M/s. Koyna Power Ltd                                       Appellant
                                                                   .. (Org. Plaintiff)
                      Versus
           Sunil Bhikaji Kanade                                       Respondent
                                                                   .. (Org. Defendant)
                                       ....................
            Mr. Ashok M. Saraogi a/w Mr. Siddharth Singh & Ms. Aahaha
             Shrivastava, Advocates for Appellant
            Mr. Bhavin Gada i/by Mr. Namdev Gore, Advocates for Respondent
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : APRIL 28, 2026
           P. C.:

           1.       Heard Mr. Saraogi, learned Advocate for Appellant and Mr.

           Gada, learned Advocate for Respondent.


           2.       By consent of the parties, order dated 04.03.2026 impugned in

           the present Appeal from Order (AO) is set aside. Notice of Motion No.

           1903 of 2021 is directed to be heard and decided finally within a

           period of six weeks from the date of appearance of the parties before

           the Trial Court. Parties by consent agree to appear before the Trial

           Court with server copy of this order on 08.06.2026. All contentions of

           parties including the issue of pecuniary jurisdiction are expressly kept

           open which shall be noted by the Trial Court. I am informed that

           pleadings are already completed. Copy of this order shall be placed

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                                                                    3. AO-406-2026.odt


           before the Trial Court for information. In the meanwhile, status quo

           order granted by the Trial Court shall continue till disposal of Notice of

           Motion No. 1903 of 2021.


           3.        With the above directions, present Appeal from Order and

           Interim Application are disposed.



Amberkar                                          [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.04.28
                      14:56:51
                      +0530




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