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Bombay High CourtIA/1480/2020

Arch Shelters Llp. v. Jaideep Jawahir Kapadia And ORS.

2020-01-012 pages

73-IA 1-20 in S-181-11@Ors psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2020 IN SUIT NO.181 OF 2011 Arch Shelters Pvt. Ltd.

..Applicant In the matter between Arch Shelters Pvt. Ltd.

..Plaintiff Vs.

Jaideep Jawahir Kapadia & Ors.

..Defendants AND NOTICE OF MOTION NO.1927 OF 2015 AND NOTICE OF MOTION NO.2164 OF 2015 AND NOTICE OF MOTION NO.2531 OF 2016 AND NOTICE OF MOTION NO.2376 OF 2016 AND NOTICE OF MOTION NO.325 OF 2017 AND NOTICE OF MOTION NO.1279 OF 2019 AND CHAMBER SUMMONS NO.656 OF 2019 ----- Mr.Chirag Modi with Mr.Arun Unnikrishnan i/b. M/s.Crawford Bayley & Co. for Applicant in IA No.1/20, CHS No.270/17, NMS 1927/15, NMS No.2164/15, NMS No.2376/16, NMS No.2531/16, NMS No.325/17, NMS No.1279/19 and CHS No.656/19.

Ms.Rupali Karad i/b. Bagkar & Co. for Applicant in NMS No.93/19. Mr.A.S.Pal with Mr.Mudit Gupta i/b. Mr.Siddharth Mehta for Defendant Nos.1A, 2, 3, 5 & 6.

Mr.Jose George for Respondent Nos.1 & 3 in CHS No.270/17. Mr.Bankim Gangar i/b. Dhaval Vussonji & Associates for Respondent No.2 in CHS No.270/17 and for proposed Defendant No.11. Mr.Akshay Pawar i/b. Mr.Anoop Patil for Respondent No.11-SRA in CHSL No.178/19.

Mr.Rohaan Cama with Ms.Jaymala Ostwala and Ms.Komal Gosavi i/b. M/s.J.J. Associates for proposed Defendant No.14. Digitally signed by Prajakta S.

Vartak Date:

2020.03.07 17:40:07 +0530 Prajakta S.

Vartak

73-IA 1-20 in S-181-11@Ors Mr.A.L. Chawdhari i/b. Mr.Bidan Chandran for Defendant Nos.7 to 9. ----- CORAM : G.S. KULKARNI, J.

DATE : 5th MARCH, 2020 P.C.:

By this interim application, the plaintiff intends to bring on record in terms of the Schedule-A annexed to the application legal heirs of deceased defendant No.7.

2.

After having heard learned Counsel for the parties and having perused the averments as made in the application, it is in the interest of justice that the application is allowed. It is accordingly allowed in terms of prayer clause (a). Necessary amendment be carried out within two weeks from today. Re-verification is dispensed with. Copy of the amended plaint be served on the other side.

3.

Application is disposed of in the above terms. 4.

In regard to the pending chamber summons, the parties are directed to complete the pleadings.

5.

Ad-interim orders as passed earlier, if any, shall continue to operate till the adjourned date of hearing.

6.

On the adjourned date of hearing let all the pending motions, chamber summons and/or interim applications be listed, so that they are taken up for hearing. The parties are also directed to complete their pleadings on these applications, if they so desire. 7.

Stand over to 2 April 2020.

[G.S. KULKARNI, J.]