Pranami Trading Pvt. Ltd., v. Mumbai Shelter Housing Development And ORS

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 555 OF 2014 WITH CIVIL APPLICATION NO. 669 OF 2014 Prem Narayan Lakhani (HUF) & Ors ...Appellants

Versus

Mumbai Shelter Housing Development Project Samata & Ors

...Respondents

AND APPEAL FROM ORDER NO. 556 OF 2014 WITH CIVIL APPLICATION NO. 670 OF 2014 Pranami Trading Pvt Ltd ...Appellant

Versus

Mumbai Shelter Housing Development Project Samata & Ors

...Respondents

AND APPEAL FROM ORDER NO. 557 OF 2014 Prem Narayan Lakhana (HUF) & Ors ...Appellants

Versus

Mumbai Shelter Housing Development Project Samata & Ors

...Respondents

Mr SS Joshi, i/ Neha Chokshi, for the Appellant in all three Appeals.

Mr L Lewis, for Respondents Nos. 1 and 2 in all three Appeals.

Mr PM Shah, for Respondent No. 3 in all three Appeals.

Mrs MR Bhoir, for Resondent No. 4-MCGM, in all three Appeals.

Mr Pawankumar R Prasad, for Respondents Nos. 5 to 8 in AO/556/14.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

There is a status quo order of 5th August 2014 that, in my view, should continue since these Appeals are from an ad-interim order of 5th May 2014. The main Notice of Motion is yet pending. 2.

Since Mr Shah states that further Affidavit in Reply is necessary, this will be filed by 28th July 2017. One comprehensive Rejoinder will be filed by the Plaintiffs by 31st August 2017. Neither side will seek extensions of time.

3.

The Trial Court is requested to dispose of the Notice of Motion finally by 29th September 2017.

4.

The ad-interim order directing status quo of 5th August 2014 will continue till the final disposal of the Notice of Motion and, if the Notice of Motion is decided against the Plaintiff, for a period of four weeks thereafter.

5.

Respondent No. 3 to the Appeal has filed an Application under Section 8 of the Arbitration & Conciliation Act. This will be

heard along with principal Notice of Motion. Reply to that Application is to be filed and served on or before 4th August 2017. Rejoinder, if any, to be filed and served by 31st August 2017. 6.

All three Appeals and Civil Applications are disposed of in these terms with no order as to costs.

(G. S. PATEL, J)