Shree Vardhaman Stanakvasi Jain Shravak Sangh -Dadar (By Its Trustees)Mr. Shantilal D.Maru v. M/S. Aswatha Developers

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.129 OF 2016 IN APPEAL FROM ORDER NO.495 OF 2015

1. Shree Vardhaman Stanakvasi Jain Shravak Sangh -Dadar, by its Trustees (i) Shantilal Dungershi Maru & Ors.

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Applicants In the matter between M/s. Ashwatha Developers ..

Appellant Vs.

1. Shree Vardhaman Stanakvasi Jain Shravak Sangh -Dadar, by its Trustees (i) Shantilal Dungershi Maru & Ors.

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Respondents --- Mr.Mukesh Chheda a/w Mr.Omkar Kulkarni i/by Mr.Y.M. Chheda for the applicant (original respondent no.1) in Appeal from Order No.495 of 2015.

Mr.T.N. Subramanian, Senior Advocate a/w Mr.Shishir Joshi i/by Mrs.Bhakti Jogal for Respondent No.4 in Appeals from Order No.495 of 2015.

Mr.Satyen Vora a/w Mr.Atul Kshatriya i/by M/s.Markand Gandhi & Co. for the Appellant in Appeal from Order No.495 of 2015. Mr.A.V.Diwate i/by Mr.U.H.Deshpande for B.M.C. for Respondent Nos. 2 and 3 in Appeal from Order No.495 of 2015.

--- CORAM : R.D. DHANUKA, J.

DATE : 2nd February 2016 P.C.

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By this civil application, the applicants seek recall of the order passed by this Court on 13th January 2016 on the ground that the

ppn 2 learned Advocate Mr.Mukesh V. Chheda was unable to attend this Court when the matter was placed on board on 13th January 2016 as he had to attend the Supreme Court in Special Leave Petition No.24044 of 2014. It is mentioned in the civil application that certain submissions which are germane to decide the appeals from order are required to be argued. 2.

Mr.Subramanian, learned senior counsel appearing for the for the respondent no.4 and for the appellant in other companion appeals from order submits that though the submissions were advanced by the respondent no.1 in the appeal from order at length, he has no objection if an opportunity is given to the respondent no.1 to file written submissions recording the submissions which are already advanced and the submissions which are not advanced so far and seeks an opportunity to make submissions in the rejoinder. He submits that to obviate further grievance of the respondent no.1 that no proper opportunity was given, he has no objection if proper opportunity is given to the respondent no.1 to file written submissions and arguments are heard. Statement is accepted. 3.

The order dated 13th January 2016, in so far as closure of the submissions of the respondent no.1 is concerned, is recalled with an opportunity to both the parties to render their submissions recorded in the aforesaid paragraphs. Civil application is disposed of in aforesaid terms. No order as to costs.

4.

Place this appeal from order along with companion appeals from order on board for further arguments on 10th February 2016 at 3.00 p.m.

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The appellants and the respondents have agreed to conclude their arguments on the adjourned date and no further adjournment would be granted. This Court will thereafter pass appropriate orders in appeals from order.

R.D. DHANUKA, J.