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Bombay High CourtCHS/1449/2016disposed off

Paresh Jayantilal Shah And 3 ORS. v. Anil Gulabdas Shah 24 ORS. And Hubtown Ltd. And ANR (Applicant)

2016-12-19Hon'Ble Shri Justice G.S. Patel2 pages

976-CHS1449-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1449 OF 2016 IN SUIT NO. 56 OF 2016 Hubtown Limited & Another ...Applicants In the matter between Paresh Jayantilal Shah & 3 Others ...Plaintiffs

Versus

Anil Gulabdas Shah & 24 Others ...Defendants Mr. Rajiv Narula, i/b Mr. Bhupendra Singh, for the Plaintiffs. Mr. Anil G. Shah, Defendant No. 1, in person. Mr. S.C. Naidu, with Fauzan & A. Seth, i/b Mr. P.

V.

Thorat, for Defendants Nos. 23 & 24.

CORAM: G.S. PATEL, J DATED:

19th December 2016 PC:- 1.

On the basis that Defendants Nos. 23 and 24, the applicants in the present Chamber Summons, will be entitled at the final hearing of the Suit to raise all contentions including as to maintainability and limitation and, in particular, that the Suit does not disclose a cause of action at least vis-a-vis them, this Chamber Summons is dismissed as withdrawn.

19th December 2016

976-CHS1449-16.DOC 2.

All rights and contentions are specifically kept open on all sides.

3.

The Chamber Summons is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 19th December 2016