Edna Maben And 13 Others v. Avarsekar And Sons Pvt. Ltd. And 20 Others

14-IA1281-2020 IN NMS1606-2017 IN.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1281 OF 2020 IN NOTICE OF MOTION NO. 1606 OF 2017 IN SUIT NO. 497 OF 2017 Rushabh Shah ...Applicant In the matter between Edna Maben & Ors ...Plaintiffs

Versus

Avarsekar & Sons Pvt Ltd & Ors ...Defendants Mr Darshan Mehta, with Sarah Navodia, i/b Dhruve Liladhar & Co., for the Applicants.

Mr Sanjeev Parulekar, with Himanshu Chaudhary, i/b Naik Naik & Co., for Defendant No. 1.

Mr Madhur Rai, i/b PRS Legal, for Defendant No. 2. Digitally signed by ATUL GANESH KULKARNI Date:

2021.08.05 09:56:29 +0530 ATUL GANESH KULKARNI CORAM:G.S. PATEL, J (Through Video Conferencing) DATED: 4th August 2021 PC:- 1.

By an order dated 5th May 2017, this Court constituted an adhoc Committee to maintain, manage and administer the Pushpanjali Building, Old Prabhadevi Road, Prabhadevi, Mumbai 400 025. This 4th August 2021

14-IA1281-2020 IN NMS1606-2017 IN.DOC was a six member Committee with nominees of the Plaintiffs and nominees of the 1st Defendant.

2.

In this Interim Application, the Plaintiffs seek to substitute one of their nominees, Aditya Udaykumar Poddar, with another member, Mrs Mamata Baliga. The Defendant No. 1 seeks a similar substitution. Its first nominee Mr Kishore Avarsekar was already substituted by another nominee, Mr Abhijit Avarsekar. The Defendant No. 1 now seeks to substitute Mr Abhijit Avarsekar with Mr Suresh Patel, residing in Flat No. 103 .

3.

Both prayers are granted.

4.

The Interim Application is disposed of in these terms. No costs.

5.

copy of this order.

(G. S. PATEL, J) 4th August 2021