ABHISHEK MADANLAL BINAYKIA Vs. SWATI ABHISHEK BINAYKIA

JUDGEMENT

(1.) Pursuant to notice dated 01.09.2015 by this Court, which is served upon the respondent by email, learned senior counsel Mr. Percy Kavina with learned advocate Mr. Bhas H. Mankad appeared before the Court for the respondent. Learned advocate Mr. Mankad undertakes to file Vakalatnama since he has yet not received the same because respondent is residing in United States of America (USA). Learned advocate Mr. Bhas Mankad has filed a letter contending that he has received an email from the respondent to engage him as an advocate confirming that she is in process to courier the duly signed Vakalatnama. However, since Vakalatnama may not reach in the hands of the learned advocate till date, he has filed this undertaking with copy of email as well as scanned copy of Vakalatnama signed by the respondent confirming that he will file Vakalatnama as soon as he receives it from the respondent. Permission is granted as prayed for. Registry shall accept the same even after disposal of this matter.

(2.) It is not disputed fact that petitioner is original plaintiff in Family Suit No. 1546 of 2015 before the Family

(3.) However, when Family Court has not granted ex-parte ad interim injunction as prayed for by the petitioner, petitioner has preferred this Special Civil Application for immediate interim relief as prayed for in para 9 of his petition, which reads as under: