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Bombay High CourtLPETN/44/2018disposed off

Anoop Sharma And 6 ORS. v. Kamla Landmarc Construction Pvt. Ltd. And 9 ORS.

2018-02-23Hon'Ble Shri Justice G.S. Patel2 pages

903-LPETN44-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 44 OF 2018 IN SUIT (L) NO. 172 OF 2018 Anoop Sharma & Ors ...Plaintiffs

Versus

Kamla Landmarc Construction Pvt Ltd & Ors ...Defendants Mr Anuj Desai, with L Rubens, Sushant Arora & Janvi Dutt, i/b Vigil Juris, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

23rd February 2018 PC:- 1.

The Petition is under Order 1 Rule 8 of the Code of Civil Procedure 1908 to file the Suit in the representative capacity. The Petitioners claim to be entitled to represent other flat purchasers. They do not have the details of these other flat purchasers. 2.

Leave is granted under Order 1 Rule 8, subject to the Petitioners issuing a public notice in a mode, publication and form to be decided by the Prothonotary & Senior Master. The reason for allowing a public notice is that as the Petitioners do not have the contact details of the other flat purchasers, it is not reasonably 23rd February 2018

903-LPETN44-18.DOC practicable to effect personal service on the other persons sought to be represented.

3.

It is made clear that the issuance of a public advertisement is necessary and cannot be waived.

4.

The Petition is made absolute in these terms. No costs. (G. S. PATEL, J) 23rd February 2018