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2017 Supreme(Bom) 395

V.M.KANADE, SWAPNA S.JOSHI
Sushila Singhania – Appellant
Versus
Bharat Hari Singhania – Respondent


Advocates Appeared:
For the Appellant : Mr. Virag Tulzapurkar, Soumya Srikrishna, Mr.
Suraj Juneja, Ms. Shachi Udeshi, Mr. Milind Sathe, Mr. Nikhil Sakhardande, Mr. Suraj Juneja, Ms. Shachi Udeshi i/b Wadia Ghandy & Co., Mr. Zal Andhyarujina a/w Mr. Naseem Patrawala, Ms. Akanksha Agarwal a/w Ms. Pranjali Mehendale i/b Malvi Ranchoddas
For the Respondents: Mr. D.D. Madon, Mr. Mikhail Behl, Mr. Chakrapani Misra, Ms. Nandini Khaitan, Mr. Sairam Subramanian, Mr. Pulkitesh Dutt, Ms. Manasi Gandhi i/b Khaitan & Co., Mr. Sanjay Sinha

JUDGMENT :

V.M. Kanade, J.

1. All these appeals can be disposed of by a common order since they are arising out of the common judgment delivered by the learned Single Judge.

Preliminary Objection:

2. Mr. Madon, the learned Senior Counsel appearing on behalf of Respondents in all these appeals has raised a preliminary objection regarding maintainability of these appeals. He submitted that in view of language used in Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereafter referred to as “Commercial Courts Act”), appeal against the impugned judgment and order will not be maintainable.

3. Before considering the rival contentions, it will be necessary to briefly state the relevant facts for the purpose of deciding this preliminary objection.

FACTS:

4. Prior to 1987, a partnership firm was carrying on business in the name and style of Juggilal Kamlapat Bankers which was reconstituted from time to time and it was finally reconstituted on 21/02/1980.

5. Sometime in the year 1987, differences arose between the partners of th




























































































































































































































































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