Hasmukh Narottamdas Malkan v. Shilpa Khanderao Joshi And Khanderao B. Joshi

nms 754-13 in S-305-13.doc ysp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

NOTICE OF MOTION NO. 754 OF 2013 IN NOTICE OF MOTION 742 OF 2013 IN SUIT NO. 203 OF 2013 Hasmukh Narottam Malkan ... Plaintiff V/s Shilpa Khanderao Joshi and Ors.

...Respondent.

.....

Mr. Deepak Shukla I/b Vinod Mistry & Co.

for the Plaintiff.

Ms. Shikha Sethia a/w Mr. Vijay Badgujar and Ms. Isha Bafna I/b Singhania Legal Services for the Defendants.

.....

CORAM :

B. P. COLABAWALLA, J.

JUNE 13, 2019.

P.C. :

1.

This Notice of Motion is filed by original Defendant no. 2 for holding an inquiry under Order 7 of the C.P.C. with respect to the valuation of the suit and for rejection of the Plaint. The other prayer is that a preliminary issue regarding jurisdiction be framed. The learned Advocate appearing on behalf of all the Defendants states that he has instructions not to press this Notice of Motion at this stage and these issues can be kept alive to be agitated by the Defendants at the trial of the Suit.

Pg 1 of 2

nms 754-13 in S-305-13.doc 2.

In view of the aforesaid statement, this Notice of Motion is dismissed as not pressed. It is clarified that the reliefs claimed in this motion regarding Court fees, jurisdiction as well as stamp duty and registration are all kept open to be agitated at the trial of the suit. Notice of Motion is accordingly disposed off. No Order as to costs. Considering that the suit is of the year 2013, placed the suit on board on 20.06.2019 for framing issues.

(B.P.COLABAWALLA, J.) Yugandhara Patil Pg 2 of 2