Madhavlal Narayanlal Pittie v. Manas Shelters Pvt. Ltd. And 4 ORS And Vivek Madhavlal Pittie (Applicant)

44-chol-465-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER NO.465 OF 2018 IN REVIEW PETITION NO.03 OF 2018 IN APPEAL NO.289 OF 2017 IN NOTICE OF MOTION (L) NO.2370 OF 2014 IN SUIT (L) NO.994 OF 2014 AND CHAMBER ORDER NO.466 OF 2018 IN REVIEW PETITION NO.04 OF 2018 IN APPEAL NO.250 OF 2017 IN NOTICE OF MOTION NO.2504 OF 2016 IN SUIT NO.586 OF 2015 Vivek Madhavlal Pittie and Another ...Applicants In the matter between Madhavlal Narayanlal Pittie

...Petitioner

vs.

M/s. Manas Shelters Private Limited and Ors.

...Respondents

Mr. Zal Andhyarjuna a/w. Mr. Harsh Meghani, Mr. B.N. Shukla and Mr. Arun Unnikrishnan I/b. B.N. Shukla & Co., for the Applicants.

Mr. A.R. Pai I/b. Mrs. Bina Pai, for Respondent No. 1. CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE :

SEPTEMBER 17, 2018 Vishal Parekar 1/2

44-chol-465-2018.doc P.C.:

.

Parties through their counsel.

2.

Heard on Chamber Order Nos. 465 and 466 of 2018. 3.

Learned counsel appearing for Respondent No. 1/ original Plaintiff submits that so far as the allowing of Chamber Orders for the purpose of prosecuting the review in the capacity of third party, he has no objection, but his objection and contention is to allow the Applicants of Chamber Order to contest the suit as legal heirs of original Defendant No. 1, may be kept open, as for that the Chamber Summons is pending before the trial Court. 4.

In view of aforesaid statement, as agreed between the parties, we dispose of the Chamber Orders by allowing the Applicants of the Chamber Orders to prosecute the Review Applications without prejudice to the rights and contentions of the Respondent No. 1/original Plaintiff's to contest the Chamber Summons filed in the Suit.

5.

The Chamber Orders stand allowed as per the schedule and accordingly disposed of.

6.

List the Review Petitions after eight weeks before appropriate Bench.

(SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2