KALPESH HEMANTBHAI SHAH Vs. MANHAR AUTO SOTRES

JUDGEMENT

(1.) Heard. Admit on the preliminary objection to the maintainability of the letters patent appeal.

(2.) In the present letters patent appeal there is a challenge to the judgment and order dated 23.2.2010 in W.P. No. 5521 of 2009 by which the writ petition filed by the respondents was allowed. The counsel for the respondents, Mr. A.C. Dharmadhikari, raised a preliminary objection as to the maintainability of the present letters patent appeal in the light of the decision of Supreme Court in the case of Shalini Shyam Shetty & anr. v. Rajendra Shankar Patil, 2010 7 SCALE 428 decided on 23.7.2010. Since the preliminary objection was raised to the above effect relying on the aforesaid decision of Supreme Court, we have heard both the learned counsel for the parties on the said preliminary objection regarding maintainability of the letters patent appeal.

(3.) In support of the preliminary objection, counsel for the respondents made the following submissions