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Bombay High Court

SUDAMA ASSOCIATES PVT LTD THRU DIRECTORversusM/S. CHATURTHI VASTUDEVELOPERS THRU KPARTNERS AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition was disposed without ordering the trial court to hear the injunction application on the specified date.

Summary

Sudama Associates Pvt. Ltd. filed a writ petition seeking a direction that the trial court hear its application for an interim injunction on 2 November 2026, citing urgency. The petitioner’s counsel argued that the trial court should be positively directed to take up the injunction application on the specified date and decide it expeditiously. The court considered the pendency of the injunction application and the urgency claimed by the petitioner. No substantive discussion on merits was provided. The court disposed of the writ petition without granting the specific direction, effectively leaving the matter to the trial court’s discretion.

Issues considered

  • Whether the trial court should be directed to hear the interim injunction application on 2 November 2026.

Subjects

  • interim injunction
  • urgency
  • writ petition
  • civil appellate jurisdiction
  • trial court direction

Judgment

                                                                  37-WP-11876-2026.DOC

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 11876 OF 2026


                   Sudama Associates Pvt. Ltd.                             ..Petitioner

                           Versus

                   M/s Chaturthi Vastu Developers & Ors.              …Respondents

                   Mr. Sharique Nachan, a/w Mr. Susmit Phatale, i/b Mr. Nilesh
                        Navale, for the Petitioner.


                                                CORAM :      N. J. JAMADAR, J.
                                                DATE   :     29th SEPTEMBER 2026
SAINATH
SANJAY
                   P.C.:
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.10.01
21:09:21 +0530
                   1.      Heard the learned counsel for the petitioner.

                   2.      Mr. Nachan, the learned Counsel for the petitioner, on

                   instructions, submits that, the Trial Court be directed to hear

                   the application for interim injunction which is posted for

                   hearing on 02nd November, 2026.

                   3.      Having regard to the pendency of the application for

                   interim injunction and the urgency claimed by the plaintiff, the

                   Trial Court is requested to take up the application for hearing

                   on 02nd November, 2026, positively and decide the same as

                   expeditiously as possible.

                   4.      The Writ Petition stands disposed.


                                                              [N. J. JAMADAR, J.]
                   SAINATH, PA                         1/1


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