Bombay High Court
THE MAHARASHTRA STATE CO-OP.BANK LTD. AND ANOTHER.versusKUMDA SUGAR AND AGRO PRODUCT LTD. AND ANOTHER.
- Disposal
- Disposed Off
- Bench
- M M SATHAYE
Holding
The revision application is dismissed as infructuous because the original suit was dismissed for default and not restored.
Summary
The Maharashtra State Co-operative Bank Ltd. and another filed a civil revision application against Kumda Sugar and Agro Product Ltd. and another. The applicants argued that the underlying suit had been dismissed for default on 6 March 2019 and had not been restored, rendering the revision application moot. The court considered the submission that the matter was already finally decided and that no further relief could be granted. Accordingly, the court held that the revision application was infructuous. The court disposed of the revision application as infructuous and vacated any interim or ad-interim relief that had been previously granted.
Issues considered
- Whether the civil revision application becomes infructuous due to the dismissal of the original suit for default.
Subjects
- civil revision
- default judgment
- infructuous application
- interim relief
- civil procedure
Judgment
10 CRA-953-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by
HUSENBASHA
CIRCUIT BENCH AT KOLHAPUR
HUSENBASHA RAHAMAN
RAHAMAN
NADAF
NADAF
Date:
CIVIL APPELLATE JURISDICTION
2026.02.06
18:37:53
+0530
CIVIL REVISION APPLICATION NO. 953 OF 2014
The Maharashtra State Co-op. Bank Ltd. & Anr. ....Applicants
V/s
Kumda Sugar And Agro Product Ltd. & Anr. ….. Respondents
***
Mr. Bhujhan Walimbe a/w. Mr. Vaibhav V. Arage for Applicants.
Mr. Ajay Raje Nimbalkar i/b. S.S. Patwardhan for Respondent No.1.
***
CORAM : M.M. SATHAYE, J.
DATE : 6th FEBRUARY, 2026
P.C. :
1. Learned counsel for Revision Applicant submits that according
to his instructions, after the impugned order was passed, the subject
matter suit has been dismissed for default on 06.03.2019 and it has
not been restored. He submits that therefore the revision application
has become infructuous.
2. In view of the submission, Civil Revision Application is
disposed of as infructuous. Interim/ad-interim relief, if any granted
earlier, is vacated.
(M.M. SATHAYE, J.)
Husen 1
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