Nainesh K. Mehta And ANR. v. Anupam Land And Housing Co. And 4 ORS

Nitin 1 / 2 923-NMS-1075-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1075 OF 2014 IN SUIT NO. 418 OF 2011 Anupam Land and Housing Co. & Ors.

...

Applicants

IN THE MATTER BETWEEN :

Nainesh K. Mehta and Ors.

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Plaintiffs

Versus

Anupam Land and Housing Co. & Ors.

...

Defendants Mr. Vivek Sharma for the Plaintiffs.

Mr. Vijayprakash Yadav for Defendant Nos. 1 and 2. CORAM : S.J. KATHAWALLA, J.

DATED : 4 TH FEBRUARY, 2016 P.C.

1.

Perused the Notice of Motion and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

"(a) For an order of this Hon'ble Court allowing the Defendant Nos. 1 and 2 to file their Written Statement before this Hon'ble Court. (b) For an order of this Hon'ble Court condoning the delay of 1130 days (Three years one month and five days) in preferring the Written Statement by the Defendant Nos. 1 and 2.

"

2.

The above Notice of Motion is accordingly disposed of. 3.

The Written Statement of Defendant Nos. 1 and 2 is taken on record.

Nitin 2 / 2 923-NMS-1075-2014 Place the Suit for framing of issues on 18 th February, 2016.

4.

Place Notice of Motion No. 96 of 2015, Notice of Motion No 682 of 2015 and Notice of Motion (L) No. 1067 of 2015 for hearing on 8th February, 2016, after the ad-interim matters.

( S.J.KATHAWALLA, J. )