Bombay High Court
M/S KOYNA POWER LIMITEDversusSUNIL BHIKAJI KANADE
- Decided
- Disposal
- Disposed Off
- Bench
- MILIND N JADHAV
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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