Bombay High Court
WP/10892/2024 of RAKA ELECTRONICS HUF THROUGH ITS PROPRIETOR ATUL INDERCHAND RAKA Vs PREMNIDHAN TRUST THROUGH ITS PRESIDENT RAJESH NEMICHAND KOTHARI AND ANOTHER on 12 October 2026
COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10892 OF 2024 Raka Electronics Huf Through Its Proprietor Atul Inderchand Raka VERSUS Premnidhan Trust Through Its President Rajesh Nemichand Kothari And Another ... Mr. A . P. Bhandari, Advocate for the Petitioner Mr. R. M.
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4-wp-10892-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10892 OF 2024 Raka Electronics Huf Through Its Proprietor Atul Inderchand Raka VERSUS Premnidhan Trust Through Its President Rajesh Nemichand Kothari And Another ... Mr. A. P. Bhandari, Advocate for the Petitioner Mr. R. M. Gaikwad h/f Mr. M. M. Ambhore, Advocate for Respondent no.2 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 12TH OCTOBER, 2026 P.C. :- . In a recovery suit while an application under Order XXXVIII Rule 5 of the Civil Procedure Code came to be filed, an application below Exhibit 16 was moved seeking directions to the defendant to submit security. After hearing the parties, vide order dated 12.12.2023, learned Civil Judge Senior Division, Jalgaon pleased to allow the said application. The said application is assailed by Mr. A. P. Bhandari, learned Advocate for the petitioner.
2. Today, when the matter is called out, Mr. Bhandari, learned Advocate submits that considering the age of the impugned order and subsequent development i.e. the order 2026:BHC-AUG:48741
4-wp-10892-2024 dated 14.11.2024 passed by learned Civil Judge Senior Division whereby the properties of the defendant no.2 were directed to be attached, the present Writ Petition has lost its significance. However, he offers a moderate and justifiable prayer to direct the Trial Court to conclude the suit proceedings within a time bound manner. It is submitted that now issues are framed and the matter has reached to the stage of evidence.
3. In view of the above, Writ Petition stands disposed of with a request to the learned Civil Judge Senior Division, Jalgaon to conclude the Trial proceedings within a period of 12 months from today.
4. Both the parties candidly agree not to take any unnecessary adjournment in the matter and to assist the Court for early disposal.
5. Writ petition stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026