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2024 Supreme(Online)(Bom) 6503

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
MATHURESH INFRAPRO PVT. LTD – Appellant
Versus
CHANDIWALA COMPANY AND ORS – Respondent


Advocates:
Mr. G. S. Godbole, Senior Advocate with Ms. Hetal Patel, Mr. Janak Shah, Mr. Suraj Shetye, Mr. Hemanshu Vyas and Ms. Jinkal Jain, for the Applicant. Mr. Nimay Dave i/b Mr. Yatin R. Shah, for the Respondent.

JUDGMENT :

1) Revisionary jurisdiction of this Court is invoked for setting up a challenge to the judgment and order dated 19 April 2024 passed by the Appellate Bench of the Small Causes Court, by which R. Appeal No. 316/2017 filed by the original Plaintiffs-Respondent Nos.1 and 2 has been allowed and order dated 22 October 2016 passed by the Small Causes Court has been set aside. By allowing the Appeal, the Appellate Bench has rejected application at Exhibit-38 filed by Revision Applicant-Defendant No.6 for rejection of plaint under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 (the Code). The Small Causes Court had allowed the application at Exhibit-38 filed by the Revision Applicant-Defendant No.6 and had rejected the Plaint under the provisions of Order 7 Rule 11 of the Code by order dated 22 October 2016. The Appellate Bench has reversed the decision of the Small Causes Court and has restored R.A.D. Suit No.227/2012. The Revision Applicant-Defendant No.6 is aggrieved by the order of the Appellate Bench of the Small Causes Court and has accordingly filed the present Revision Application.

2) The case involves chequered history. By registered Indenture of Lease dated 15

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