M. R. Realtors And ANR v. Manmohan Didwania And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER NO.342 OF 2019 IN NOTICE OF MOTION (L) NO.1807 OF 2018 IN COMMERCIAL SUIT (L) NO.1011 OF 2018 M.R.Realtors & Ors.
)....Plaintiffs V/s.
Manmohan Didwania )....Defendant WITH CHAMBER ORDER NO.343 OF 2019 IN NOTICE OF MOTION (L) NO.1810 OF 2018 IN COMMERCIAL SUIT NO.1013 OF 2018 WITH CHAMBER ORDER NO.344 OF 2019 IN COMMERCIAL SUIT NO.1012 OF 2018 WITH CHAMBER ORDER NO.345 OF 2019 IN NOTICE OF MOTION (L) NO.1815 OF 2018 IN COMMERCIAL SUIT NO.1018 OF 2018 WITH CHAMBER ORDER NO.346 OF 2019 IN COMMERCIAL SUIT NO.1015 OF 2018
2/4 WITH CHAMBER ORDER NO.347 OF 2019 IN COMMERCIAL SUIT NO.1010 OF 2018 WITH CHAMBER ORDER NO.349 OF 2019 IN COMMERCIAL SUIT NO.1014 OF 2018 WITH CHAMBER ORDER NO.350 OF 2019 IN COMMERCIAL SUIT NO.732 OF 2019 WITH CHAMBER ORDER NO.351 OF 2019 IN COMMERCIAL SUIT (LL) NO.1017 OF 2018 WITH CHAMBER ORDER NO.352 OF 2019 IN COMMERCIAL SUIT (L) NO.1016 OF 2018 ---- Ms.R.S.Dube I/by Kumar and Associates for applicant/plaintiff. Mr.Harsh Behany I/by G.B.Kedia for defendant no.1 in COMSL 1011/2018, COMSL 1012/2018, COMSL 1014/2018, COMSL 1015/2018 AND COMSL 1018/2018.
Mr.Hara P.Kar I/by Interjuris for defendant no.2 in COMSL 1012/2018 AND COMSL 1018/2018.
Mr.Vineet Jagtap I/by Niranjan Jagta and Co. for defendant no.2 in COMSL 1015/2018.
Ms.Khushboo Rupani I/by M.Mulla Assocites for defendant no.2 inCOMSL 1016/2018.
Ms.Hema Desai a/w Mr.Durgaprasad Halwai I/by Singhi and Co.for
3/4 defendant no.4 in COMSL 1008/2018, COMSL 1010/2018, COMSL 1013/2018 and COMSL 1017/2018.
---- CORAM : K.R.SHRIRAM,J DATE : 25.6.2019 P.C.:- 1.
Heard the counsel and also considered the affidavit-insupport where it is stated that due to the oversight of the Advocate, office objections were not removed. Ms.Dube for plaintiff/applicant states though not stated in the affidavit-in-support that she has filed 10 suits against the same plaintiff and office objections were to submit English translation of documents that were in Marathi language, that took long time. Ms.Dube states that English translation is ready and all office objections will be removed within a period of two weeks from today.
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In view of this statement made by Ms.Dube and the undertaking given by Ms.Dube, Suits are restored to file. It is made clear that if office objections are not removed within two weeks from today, the suits will stand dismissed with no chance of it ever getting restored. No application for restoration will also be entertained. All Chamber Orders accordingly disposed.
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Counsel appearing for defendants today waive service of writ of summons. Counsel state that they have not been served true copy of the plaint. True copy of the plaint after it is numbered shall be served on defendants/Advocate who are appearing today. Six weeks time to file written statement will begin from the date on which plaint is served upon them.
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As regards other defendants who are not present in Court today, within one week of the suit being numbered, plaintiff shall apply for issuance of writ of summons which will be made returnable on 6.9.2019. If the writ of summons is not applied for within the time granted above, the Suits as against those defendants will stand dismissed without further reference to the Court. (K.R.SHRIRAM,J)