Rahul Ramesh Chokshi And ANR. v. Gorai Road, Saraswati Chs Ltd. And 8 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1726 OF 2021 IN SUIT NO.30 OF 2020 Rahul Ramesh Chokshi and Anr.

.. Applicant In the matter between Rahul Ramesh Chokshi and Anr.

.. Plaintiffs Vs.

Gorai Road Saraswati CHS Ltd. and Ors.

.. Defendants Mr. Aditya Pimple, with Mr. Anjal Niranjan Amit, i/by B. Amin and Co., for the Applicant and Original Plaintiffs.

Mr. Sanjeev Rapolu for Defendant No.4.

CORAM : A. K. MENON, J.

ST SEPTEMBER, 2021.

DATE : 21 P.C. :

1.

This IA seeks relief in relation to a duplicate share certificate, which the defendant no.4 is said to have been issued by the defendant no.1-society. The apprehension is that defendant no.4 is nominated by the original shareholder and made to deal with and dispose of the shares and the relevant shop premises.

2.

The learned Advocate appearing on behalf of the defendant no.4, on instructions of defendant no.4, who is present in court, states that she has no intention of dealing with, disposing of or in any manner creating third party 1/2 46-IA-1726-2021.doc Dixit

rights in respect of Shop No.8 and the relevant shares. In view thereof, she submits that, without leave of the court, the property will not be taken possession of upon redevelopment. The statement is accepted as an undertaking to the court.

3.

IA is disposed in the above terms.

(A. K. MENON, J.) 2/2 SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date:

2021.09.22 13:45:25 +0530 46-IA-1726-2021.doc Dixit