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Bombay High CourtNMS/683/2017disposed off

The Board Of Managers Of The Association Of Apt. Owners Of Banarasi Heritage Condominium v. M/S. Bairagra Builders Pvt. Ltd.

2017-05-03Hon'Ble Shri Justice S.J. Kathawalla2 pages

nms 683 of 2017 (919).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.683 OF 2017 IN CHAMBER SUMMONS (L) NO.1567 OF 2016 IN SUIT NO.188 OF 2015 The Board of Managers of the Association of Apt. Owners of Banarasi Heritage ...

Plaintiff versus M/s. Bairagra Builders Pvt. Ltd. & Ors.

...

Defendants Mr. Rohaan Cama i/by Ms. Shobha D. Mehra, for Plaintiff/Applicant. Ms. Tally, for Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 3rd MAY, 2017 P.C.:

1.

Perused the Notice of Motion and the Affidavit in support thereto. The Notice of Motion is taken out for setting aside the order passed by the Prothonotary and Senior Master dated 18th October, 2016 for non-removal of office objections on or before 8 th November, 2016. For reasons set out in the affidavit in support of the Notice of Motion, the order passed by the Prothonotary and Senior Master dated 18 th October, 2016 is set aside and the Plaintiff is allowed to remove office objections and get the Chamber Summons numbered within a period of one week from today. At the time of hearing of the Chamber Summons, the Defendants shall be at liberty to contend that the Applicant/Plaintiff do not have locus/authority ssp 1/2

nms 683 of 2017 (919).sxw to file the Chamber Summons which objection shall be heard on its own merits. The Notice of Motion is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2