Reliance Developers And ORS. v. Bhagwanjibhai M. Hedpara

1 / 3 WP/12667/2016 Tapadia RR/B.2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12667 OF 2016 Reliance Developers .. .. and Ors ..Petitioners.

Vs Nitesh B. Hedpara .. Respondent WITH WRIT PETITION NO. 12669 OF 2016 Reliance Developers .. .. and Ors ..Petitioners.

Vs Bhagwanjibhai M. Hedpara .. Respondent WITH WRIT PETITION NO. 12670 OF 2016 Reliance Developers ... and Ors ..Petitioners.

Vs Vinod V. Soriya @ Patel .. Respondent WITH WRIT PETITION NO. 12672 OF 2016 Reliance Developers ... and Ors ..Petitioners.

Vs Rajnikant R. Detroja .. Respondent Mr. Anil K. Lulla, Advocate for Petitioners. Mr. Piyush M. Shah a/w Mr. Miraj R. Bhorapuria, Advocate for Respondents.

CORAM : R.G.KETKAR,J.

DATE : 04/01/2017 PC:

1.

Heard Mr.Anil Lulla, learned counsel for the petitioners and

2 / 3 WP/12667/2016 Mr. Piyush Shah, learned counsel for the respondents in all the petitions at length.

2.

These Petitions are directed against the orders passed by the learned trial Judge, thereby, granting conditional leave to defend to the petitioners/defendants subject to depositing certain amounts in the trial court.

3.

One of the contentions raised by Mr. Lulla is that suits are instituted in the year 2011 and Summons for Judgments are taken out in the year 2014. He has invited my attention to the contention raised in paragraph 5 of the affidavit in reply filed on behalf of the defendants. He submitted that though this contention was specifically agitated before the learned trial Judge in all the matters, the same is not dealt with. He, therefore, submits that the petitioners will file Review Petitions in all the suits within two weeks from today and serve copies in advance on the other side. Mr. Shah assures that within one week from receipt of the Review Petitions, the plaintiffs in all the suits will file reply.

4.

In view thereof, Petitions are disposed of with liberty as prayed for. If the Review Petitions are filed within two weeks from today, the plaintiffs shall file reply within one week from receipt of the Review Petitions. The learned trial Judge is requested to decide the Review Petitions within eight weeks from today. Mr. Shah assures that in the meantime the plaintiffs will

3 / 3 WP/12667/2016 not take any precipitative steps against the defendants. All contentions of the parties on merits are expressly kept open. (R.G.KETKAR, J.)