Bombay High Court

M/S. CHETAN ASSOCIATESversusABHILASHA CO-OP HSG. SOC. LTD.

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The court granted leave to withdraw the interim application and disposed of it as withdrawn without costs.

Summary

In the first appeal, M/s. Chetan Associates (appellant) sought leave to withdraw Interim Application No. 8906 of 2025. The Bombay High Court considered whether the appellant could be permitted to withdraw the application. The Court held that leave could be granted and ordered the interim application to be disposed of as withdrawn. It further allowed the appellant to continue pursuing the substantive reliefs before the trial court, and awarded no costs. The appeal was listed for further hearing.

Issues considered

Whether the appellant is entitled to withdraw Interim Application No. 8906 of 2025?

Subjects

withdrawal of interim application
leave to withdraw
procedural law
costs
appellate jurisdiction

Judgment

                                                                                          4-IA-8906-25 IN FA.DOC

 JYOTI
 RAJESH
 MANE                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
JYOTI RAJESH
MANE
                                           CIVIL APPELLATE JURISDICTION
Date: 2026.08.28
14:48:31 +0530


                                        INTERIM APPLICATION NO. 8906 OF 2025
                                                        IN
                                            FIRST APPEAL NO. 915 OF 2023


                      M/S. Chetan Associates                                    ...Applicant/Appellant
                            Versus
                      Abhilasha Co-Op Hsg. Soc. Ltd.                            ...Respondents

                                                          _______
                      Mr. Viraj Parikh a/w. Mr. Vishal Mehta and Mr. Ranjyot Panesar
                      i/b. M/s. M.V.Law Partners, for Applicant/Appellant.
                      Ms. Apurva Gupte i/b. MR. D.P.Singh, for Respondents.
                                                            _______

                                                   CORAM:         AARTI SATHE, J.

                                                   DATE:          27 AUGUST 2026
                      P.C.

                      1.          Learned counsel appearing on behalf of the Applicant seeks leave to
                      withdraw Interim Application No. 8906 of 2025.
                      2.        In view of the aforesaid request, the Interim Application is disposed of as
                      withdrawn, with liberty to the Appellants to pursue the prayers and remedies
                      sought in the present Interim Application before the learned Trial Court, in
                      accordance with law.
                      3.       The Interim Application stands disposed of in the aforesaid terms. No
                      costs.

                      4.       The Appeal from order be listed in due course.


                                                                       (AARTI SATHE, J.)




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                      Mane

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