11 February 2008
Supreme Court
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NANDKISHOR LALBHAI MEHTA Vs NEW ERA ABRICS P. LTD.

Case number: C.A. No.-001257-001257 / 2008
Diary number: 27171 / 2006
Advocates: BINA GUPTA Vs ABHIJAT P. MEDH


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CASE NO.: Appeal (civil)  1257 of 2008

PETITIONER: NANDKISHORE LALBHAI MEHTA

RESPONDENT: NEW ERA ABRICS P.LTD. & ANR

DATE OF JUDGMENT: 11/02/2008

BENCH: Dr. ARIJIT PASAYAT & P.SATHASIVAM

JUDGMENT: JUDGMENT O R D E R  

CIVIL APPEAL No. 1257 OF 2008 (Arising out of SLP(C) No. 19725 of 2006) WITH  CIVIL APPEAL NO......../2008 @ SLP (C) NO. 19879/2006)

       Heard learned counsel for the parties.         Leave granted.         Challenge in this appeal is to the interim order dated 19th September, 2006  passed in Appeal No. 245/2006 which is stated to be pending before the Bombay  High Court.  Considering the limited nature of the controversy, we request the  High Court to dispose of the appeal within a period of three months from today.   The parties agree that they shall bring to the notice of the High Court today’s  order.  The order of status quo passed by this Court on 08.12.2006 shall continue  till the disposal of the  appeal by the High Court.  We  make  it  clear  that  

by  giving  this protection, it shall not be construed as if we have expressed any  opinion on the merits of the appeal which shall be heard by the High Court.  It is  stated that cross objection has also been filed. The same shall be taken up for  disposal on merits.  It is stated that plea of non maintainability is raised by some  of the parties.  Needless to say that plea shall be duly considered.         The appeals are accordingly disposed of.