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clauses (a) and (b) upon the Plaintiff's fair submission, while Interim Application No. 4830 of 2026 was dismissed as withdrawn with liberty to file afresh.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 The Court dismissed Interim Application No. 4830 of 2026 as withdrawn, granting the liberty prayed for.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- Whether Interim Application No. 4830 of 2026 should be permitted to be withdrawn with liberty to file afresh.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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