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Bombay High Court

ANIL CHOPRAversusAMC PROPERTIES LLP

Decided
Disposal
DISPOSED OFF

Holding

Interim Application No. 4909 of 2026 was allowed in terms of prayer clauses (a) and (b) upon the Plaintiff's fair submission, while Interim Application No. 4830 of 2026 was dismissed as withdrawn with liberty to file afresh.

Summary

This order was passed by the Bombay High Court in Interim Application No. 4909 of 2026 and Interim Application No. 4830 of 2026, both filed in Suit No. 13 of 2026. The applicant in Interim Application No. 4909 of 2026 is Anil Chopra, and the suit is between Nandkishore Rathi (Plaintiff) and AMC Properties LLP & Ors. (Respondents). Counsel for the Plaintiff submitted that Interim Application No. 4909 of 2026 could be allowed. The Court accordingly allowed Interim Application No. 4909 of 2026 in terms of prayer clauses (a) and (b) and directed the Registry to act accordingly. In Interim Application No. 4830 of 2026, counsel for Respondent Nos. 1 and 3 sought leave to withdraw the application with liberty to file it afresh. The Court dismissed Interim Application No. 4830 of 2026 as withdrawn, granting the liberty prayed for. No detailed legal reasoning or statutory provisions were discussed in the order.

Issues considered

  • Whether Interim Application No. 4909 of 2026 should be allowed in terms of prayer clauses (a) and (b).
  • Whether Interim Application No. 4830 of 2026 should be permitted to be withdrawn with liberty to file afresh.

Subjects

  • Interim Application
  • Withdrawal with liberty
  • Civil Suit
  • Bombay High Court
  • Ordinary Original Civil Jurisdiction
  • Consent order
  • Prayer clauses

Judgment

                                                                 1/2               47-IA-4909-2026 (OS).DOC
 VAIBHAV
 NAMDEV
 BARE
Digitally signed by
VAIBHAV NAMDEV

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BARE
Date: 2026.09.28
18:36:06 +0530



                                            ORDINARY ORIGINAL CIVIL JURISDICTION


                                             INTERIM APPLICATION NO. 4909 OF 2026
                                                                 IN
                                                        SUIT NO. 13 OF 2026
                      Anil Chopra                                                             ...Applicant
                      In the matter between:
                      Nandkishore Rathi                                                       ...Plaintiff
                                Versus
                      AMC Properties Llp & Ors.                                               ...Respondents
                                                                WITH
                                             INTERIM APPLICATION NO. 4830 OF 2026
                                                                 IN
                                                        SUIT NO. 13 OF 2026
                                                               _______
                      Mr. Nirav Shah i/b Little & Co., for the Plaintiff.
                      Mr. Viraj Parikh i/b Mr. Jayesh Mestry, for Respondent Nos.1 & 3.
                                                               _______
                                                                       CORAM : ARIF S. DOCTOR, J.
                                                                       DATE    : 23rd SEPTEMBER, 2026
                      P.C.
                      1.        Insofar as Interim Application No.4909 of 2026 is concerned, learned

                      counsel for the Plaintiff very fairly submits that the same can be allowed.

                      2.        Accordingly, the Interim Application is allowed in terms of prayer clauses

                      (a) and (b).

                      3.        Registry to act accordingly.

                                                  INTERIM APPLICATION NO. 4830 OF 2026

                      4.        Mr. Parikh seeks leave to withdraw this Interim Application with liberty to

                      file the same afresh.


                      Vaibhav
                                         2/2             47-IA-4909-2026 (OS).DOC



5.        The Interim Application is accordingly dismissed as withdrawn with the

aforesaid liberty as prayed for.




                                                            [ARIF S. DOCTOR, J.]




Vaibhav


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