Azadi Marionstanishlaus Rodrigues And 17 Others v. Kamla Mahesh Developers And 7 Others

910-LPETN156-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION NO. 156 OF 2017 IN COMM SUIT (L) NO. ___ OF 2017 Azadi Marionstanishlaus Rodrigues & Ors

...Petitioners

Versus

Kamla Mahesh Developers & Ors

...Respondents

Mr Neil Patel, a/w MR Sujit Suryavanshi & Ms Rashmi Salian, i/b Vigil Juris, for the Petitioners.

CORAM: G.S. PATEL, J DATED:

26th April 2017 PC:- 1.

This is an application under Order I Rule 8 of the Code of Civil Procedure 1908. The Plaintiffs represent 18 of the flat purchasers in a project known as Atlantis at Taluka Kurla. There are several hundred flat purchasers. Their details are not known to the Plaintiffs/Petitioners. Their interests are, however, shared and common with those of the Plaintiffs.

2.

I am inclined to grant leave under Order 1 Rule 8. Under subRule 2 the Plaintiffs will have to issue a public notice since 26th April 2017

910-LPETN156-17.DOC individual notice is not reasonably practicable. Notice will be issued in the Mumbai Mirror and in Janmabhoomi. The notice will mention the present order, the number of the Suit as also the names of the Defendants and the project in question. 3.

The Petition is disposed of in these terms.

(G. S. PATEL, J.) 26th April 2017