HIGH COURT OF BOMBAY
STRONGBUILD CONSTRUCTION PVT. LTD., THR. DIRECTORS, MUMBAI AND OTHERS – Appellant
Versus
B.R. AGRAWAL TIMBERS AND SUPPLIERS THR. PROP. MANJU BRAJRATAN AGRAWAL, NAGPUR THR. B.J. AGRAWAL – Respondent
CRA 7/2022
48.CRA.07.22.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL REVISION APPLICATION
NO.
07
OF 20
22
(Strongbuilt Construction Pvt. Ltd. & ors. Vs. Shri B.R. Agrawal Timbers and Suppliers, Nagpur)
------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of
Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
------------------------------------------------------------------------------------------------------------
Shri C.R. Sharma, Advocate for the applicants.
Shri Dara Singh Sindhu, Advocate for the non-applicant.
CORAM : M.S. KARNIK, J.
DATED : APRIL
20
, 2022
.
Heard learned counsel for the parties.
2.
I have perused the impugned order dated
04/01/2022 in S.C.C. No.190/2021 passed by the Civil
Judge, Senior Division, Nagpur.
3.
My attention is invited by learned counsel for
the applicants to a decision of recent origin of the
Supreme Court in the case of B.L. Kashyap and Sons Ltd.
Vs. M/s. JMS Steels and Power Corporation and another
arising out of SLP (C) No.19413 of 2018 on the question
of grant of leave to defend.
4.
Learned counsel for the parties jointly request
that the impugned order be set aside by consent.
Considering the totality of the circumstances, without
making any observations, the impugned order is set aside
by consent.
5.
The trial Court to hear the application below
Exh. 15 afresh on its own merits and in accordance with
law without being influenced by the observations made
48.CRA.07.22.odt
2
in the order dated 04/01/2022. I may not be
understood to have made any observations on merits of
the contention. All contentions in that respect are kept
open.
6.
The civil revision application is disposed of
accordingly.
(M.S. KARNIK, J.
)
*DB
Signed By:DIVYA SONU BALDWA
Signing Date:21.04.2022 10:34
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