Advocates:
['M/S L C TOLAT AND CO', '', 'VIVEK KANTAWALA & CO', 'M/S S PATHAK', 'CO', '', 'R', 'WADIA GHANDY & CO']

APP-551-2004.DOC

Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO. 551 OF 2004

IN

SUIT NO. 3578 OF 2000

Kamleshsingh Harnamsingh Chowhan

…Appellant

Versus

Gangasingh

Motisingh

Chowhan

(deceased) and Ors.

…Respondents

Mr. Vivek Kantawala with Mr. Amey Patil, Ms. Bhairavi

Waravdekar, Ms. Hetal Jobanputra and Mr. Shanay Bafna,

i/b. M/s. Vivek Kantawala & Co. for the Appellant.

Mr. Fredun Devitre, Senior Counsel with Mr. Zubin Behram

Kamdin, Senior Counsel and Ms. Vidya Nair i/b. M/s. Wadia

Ghandy & Co. for Respondent Nos.2 to 4.

Mr. K.H. Mody, i/b. M/s. S. Pathak & Co. for Respondent No.5.

CORAM:

B.R. GAVAI &

RIYAZ I. CHAGLA, JJ.

JUDGMENT RESERVED ON

21ST DECEMBER, 2018.

JUDGMENT PRONOUNCED ON

11TH JANUARY, 2019.

J U D G M E N T :- (Per Riyaz I. Chagla J.)

1.

This Appeal challenges an order and judgment of the

learned Single Judge of this Court dated 22nd July, 2004 (“the

impugned judgment”) by which the Suit filed by the Appellant /

Plaintiff was dismissed on the ground that no case was made out

by the Plaintiff.

1/41

APP-551-2004.DOC

2.

An Appeal had been preferred by the Appellant challenging

the