Zulfiqar A Jariwala And Shabbir Z Jariwala v. Orbit Corporation Limited And ANR

10-LPETN160-17 IN COMSL222-17 24-4.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVSION LEAVE PETITION NO. 160 OF 2017 IN COMM SUIT (L) NO. 222 OF 2017 Zulfiqar A Jariwala & Anr

...Petitioner

Versus

Orbit Corportion Ltd & Anr

...Respondents

Ms Dipti Panda, with Rohan Agrawal, i/b MDP & Partner, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

24th April 2017 PC:- 1.

The petition is under Order I Rule 8 of the Code of Civil Procedure, 1908. The Leave Petitioners seek to sue in a representative capacity on behalf of flat purchasers in a project known as Orbit Grand.

2.

I am satisfied that the leave ought to be granted since the Petitioners' interests are clearly those shared by a class of flat purchasers.

24th April 2017

10-LPETN160-17 IN COMSL222-17 24-4.DOC 3.

The Petition is made absolute in terms of prayer clause (a). 4.

I am not directing the issuance of an advertisement or personal notices at present since the Petitioners have circulated an e-mail to all the flat purchasers. Of these, 21 have come forward with letters of consent, which are annexed to the Plaint. If necessary, a notice can be directed at a later stage. (G. S. PATEL, J.) 24th April 2017