Hema Ashok Masand v. Girish Ramchand Ranglani And 10 Others

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 5200 OF 2020 IN SUIT NO. 445 OF 2017 Hema A Masand ...Plaintiff

Versus

Girish R Ranglani & Ors ...Defendants Mr Mayur Khandeparkar, with Vikramjit Garewal, Nayna Rane & Aneesha Munshi, i/b Divya Shah Associates, for the Plaintiff. Mr Cyrus Ardeshir, with Nikkita Vardhan & Raveena Kinkhabwala, i/b Kanga & Co., for Defendants Nos. 1 & 2.

Mr Akshay Sawant, i/b IV Merchant & Co, for Defendants Nos. 3 to 9 and 11.

CORAM:

G.S. PATEL, J DATED:

PC:- Shephali Mormare 1.

The application has in prayer clause (a) a proposed amendment set out in Schedule I & II. Mr Khandeparkar for the Plaintiffs on by Shephali Mormare Date: 2021.01.19 10:39:25 +0530 instructions does not press prayer clauses (b) to (h). He says that these are covered by pending Notice of Motion. The statement is noted and accepted. So far as prayer clause (a) is concerned there are two Affidavits in Reply by Defendants Nos. 1 and 2 represented by

Mr Ardeshir. These will be filed in the Registry within the course of this week.

2.

The proposed amendments to the Plaint and the pending Notice of Motion are allowed. They are need to re-verified. All contentions are kept open including as to limitation. 3.

Amendment is to be carried out in the Plaint and in the pending Notice of Motion on or before 9th February 2021. Service of the amended Plaint and Notice of Motion will be effected on the Advocates for the Defendants on or before 8th February 2021. Service on the individual Defendants is waived. 4.

Some of the Defendants have already filed Written Statements. Those of the Defendants who have Written Statements will, after the amendment, be at liberty to file and serve supplemental Written Statements on or before 5th March 2021. Those Defendants who have not filed and served their written statements will do so by that date.

5.

Additional Affidavits in Reply to the Notice of Motion are to be filed and served on or before 22nd February 2021. Affidavits in Rejoinder, if any, to be filed and served on or before 5th March 2021. 6.

Notice of Motion to be listed as per the CIS thereafter. If the CIS is not functional by then, liberty to the Plaintiff to apply for the listing. The matter will be heard physically in Court.

7.

copy of this order.

(G. S. PATEL, J)