Sapphire Welfare Association And 3 ORS v. Jaycee Construction Co. And 2 ORS

902-LPETN176-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 176 OF 2018 IN SUIT (L) NO. 586 OF 2018 Sapphire Welfare Association

...Petitioner

Versus

Jaycee Construction Company and Ors

...Respondents

Mr Sanskar Marathe, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

12th June 2018 PC:- 1.

This is a Petition for leave under Order I Rule 8 of the Code of Civil Procedure Code 1908 ("CPC"). The Plaintiffs seek to sue in a representative capacity. According to them there are issues that affect the development project known as Bhagtani Sapphire and these issues are common to not only the Plaintiffs but to a large number of flat purchasers as well. It is stated that it is impractical, indeed impossible, to ascertain the names and addresses of all flat purchasers to join them either as Plaintiffs or as formal Defendants. For this reason, leave is sought under Order I Rule 8 of the CPC with additional leave to issue a public advertisement giving notice of the filing of the present Suit.

12th June 2018

902-LPETN176-18.DOC 2.

Having regard to the averments in the Petition, leave is granted. Leave also to correct the typographical error in prayer clause (a) in regard to the name of the 1st Defendant. Amendment to be carried out forthwith in Court without need of reverification. 3.

Having regard to the provisions of Order I Rule 8, individual notices are dispensed with. The Plaintiffs are required to issue a notice by public advertisement in a form, mode and manner prescribed by the Prothonotary and Senior Master. 4.

The Petition is disposed of in these terms.

(G. S. PATEL, J) 12th June 2018