Purshottam V. Raheja And 3 ORS. v. Asha S. Raheja And 27 ORS.

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 1250 OF 2017 IN SUIT NO. 2509 OF 2011 Asha Shrichand Raheja & Ors ...Applicants In the matter between Purshottam Vishandas Raheja & Ors ...Plaintiffs

Versus

Asha Shrichand Raheja & Ors ...Defendants WITH NOTICE OF MOTION NO. 691 OF 2017 IN SUIT NO. 2509 OF 2011 Purshottam Vishandas Raheja & Ors ...Plaintiff

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Asha S Raheja & Ors ...Defendants WITH NOTICE OF MOTION (L) NO. 1 OF 2018 IN SUIT NO. 2509 OF 2011 Purshottam Vishandas Raheja & Ors ...Plaintiff

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Asha S Raheja & Ors ...Defendants

Mr Ravi Kadam, Senior Advocate, with Mr Arif Bookwala, Senior Advocate, Mr DD Madon, Senior Advocate, with Mr Vishal Kanade, i/b M/s. Ranjit & Co., for the plaintiffs. Ms Sangeeta Vaswani, & Laxmi Raheja, Plaintiff No.s 1B and 1C, in person.

Mr Sanjiv Sawant, with Mr HS Kadam, for the Applicant in NMS/1/18 and for Defendants Nos. 7 to 12, 20 & 21 in S/2509/11.

Mr Z Behramkamdin,with Mr Sharan Jagtiani & Mr Shanay Shah, Mr Jonathan Solomon, Ms Soniya Putta, Ms Kinjal Shah, i/b Solomon & Co, for the Applicants in NMS/1250/17.

CORAM: G.S. PATEL, J DATED:

PC:- 1.

Notice of Motion No. 691 of 2017 is filed by the Plaintiffs seeking a judgment for want of written statement against Defendants Nos. 1 to 5, 8, 11, 14 and 18 to 20. Notice of Motion No. 1250 of 2017 is filed by Defendants Nos. 1, 2 and 3 and they seek that a delay of about five years in filing the written statements be condoned; and that the written statement already affirmed on 7th June 2017 be allowed to be taken on file.

2.

Defendants Nos. 7 to 27 are purchasers of 15 flats in the building known as Sidhgiri at Mazgaon, Mumbai. Flats in the building have been sold to them by Defendants Nos. 1 to 3.

3.

Of the flat purchasers, Mr Sawant represents Defendants Nos. 7 to 12, 20 and 21. The other flat purchasers are personally present in Court.

4.

Having regard to this situation, I will permit the purchasers, Defendants Nos. 7 to 27 to file their written statements within eight weeks from today.

5.

Defendants Nos. 1 to 3 will file their written statement by tomorrow in the Registry. The delay of 1822 days is condoned. Ordinarily I would have insisted on a reasonable figure of costs. However, any figure that I think reasonable is utterly meaningless in the context of the stakes involved. Therefore, no costs. 6.

In view of this, Notice of Motion No. 691 of 2017 does not survive and is disposed of accordingly.

7.

Notice of Motion No. 1250 of 2017 filed by Defendants Nos. 1 to 3 is disposed of in the above terms.

8.

Notice of Motion No. 1 of 2018 filed by some of the flat purchasers for extension of time is also infructuous in view of the liberty granted and the same is disposed of accordingly. (G. S. PATEL, J)