The Estate Investment Company Pvt. Ltd. v. Smt. Madhu Harshad Doshi And ORS

ppn 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.154 OF 2016 IN APPEAL FROM ORDER NO.1169 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

M/s.New Haven Pvt. Ltd. & Ors.

..

Respondents ALONG WITH CIVIL APPLICATION NO.160 OF 2016 IN APPEAL FROM ORDER NO.1118 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

Madhu Harshad Doshi & Ors.

..

Respondents ALONG WITH CIVIL APPLICATION NO.161 OF 2016 IN APPEAL FROM ORDER NO.1122 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

Madhu Harshad Doshi & Ors.

..

Respondents ALONG WITH CIVIL APPLICATION NO.162 OF 2016 IN APPEAL FROM ORDER NO.1170 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

Madhu Harshad Doshi & Ors.

..

Respondents

ppn 2 ALONG WITH CIVIL APPLICATION NO.163 OF 2016 IN APPEAL FROM ORDER NO.1171 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

Madhu Harshad Doshi & Ors.

..

Respondents ALONG WITH CIVIL APPLICATION NO.164 OF 2016 IN APPEAL FROM ORDER NO.1172 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

M/s.New Haven Pvt. Ltd. & Ors.

..

Respondents ALONG WITH CIVIL APPLICATION NO.165 OF 2016 IN APPEAL FROM ORDER NO.1173 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

Madhu Harshad Doshi & Ors.

..

Respondents ALONG WITH CIVIL APPLICATION NO.159 OF 2016 IN APPEAL FROM ORDER NO.1281 OF 2013 The Estate Investment Company Pvt. Ltd.

..

Applicant Vs.

Madhu Harshad Doshi & Ors.

..

Respondents --- Mr.Navroz Seervai, Senior Advocate a/w Ms.Sheetal Shah i/by M/s.Mehta & Girdharlal for Applicant.

Mr.Y.S.Jahagirdar, Senior Advocate i/by Mr.K.S.Dewal for Respondent No.1 in Appeal From Order No.1169 of 2013.

ppn 3 Mr.P.S.Dani, Senior Advocate i/by Mr.J.M.Joshi for the respondent no.1 in Appeal From Order No.1172 of 2013 and other connected matters. Mr.Mahendra G. Patil, AGP for respondent nos.3 and 4. --- CORAM : R.D. DHANUKA, J.

DATE : 5th October 2016 P.C.

.

By these civil applications, the applicant in each of these civil application seeks permission to amend the grounds of appeal in the respective appeals from order as per the schedule annexed to the civil applications.

2.

Mr.Jahagirdar, learned counsel appearing for the respondent no.1, on instructions, states that even if the amendment is permitted by this Court as prayed by the applicant, this Court shall make it clear that whether the applicant can be allowed to agitate such grounds or not along with other grounds in the appeal memo, the said issue shall itself be kept open. Statement is accepted.

3.

Amendment is allowed as prayed subject to the contention of Mr.Jahagirdar, learned counsel for the respondent no.1 as raised being kept open. Amendment to be carried out within one week from today. It is made clear that this Court would consider whether such grounds which are allowed to be added in the appeals from order can be allowed to be raised while urging other grounds in the appeal memo or not. 4.

Civil applications are disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.