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Bombay High CourtNMS/1874/2018disposed off

Rodium Realty Limited v. Prem Bhavna Co-Op Hsg Soc Ltd And 6 ORS

2018-10-26Hon'Ble Shri Justice S.C. Gupte2 pages

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907. NMS 763-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.763 OF 2018 IN SUIT NO.651 OF 2013 Smt. Smita Dilip Rawal ...

Applicant In the matter of Rodium Realty Limited And Others ...

Plaintiffs

Versus

Prem Bhavna Co-operative Housing Society Limited And Others ...

Respondents ALONG WITH NOTICE OF MOTION NO.1874 OF 2018 IN SUIT NO.651 OF 2013 Rajnikant H. Rawal And Another ...

Applicants In the matter of Rodium Realty Limited ...

Plaintiff

Versus

Prem Bhavna Co-operative Housing Society Limited And Others ...

Respondents .....

Mr. Tejas Shah I/b Lilani Shah & Co. for the Plaintiffs. Mr. Smit Nagda I/b Mr. Anilkumar K. Patil for Defendant No.1. Mr. Mayur Faria for Defendant No.7(a)/Applicant in Notice of Motion No.763 of 2018.

Mr. N.R. Gandhi for Defendant Nos.7(b) and 7(c)/Applicants in Notice of Motion No.1874 of 2018.

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907. NMS 763-18.doc .....

CORAM : S.C.GUPTE, J.

DATE : 26 OCTOBER 2018 P. C. :

Notice of Motion No.763 of 2018 .

For the reasons stated in the affidavit in support of the notice of motion and by consent of the parties, who are the only contesting parties, the Notice of Motion is made absolute in terms of prayer clauses -(a) and (b).

It is clarified that the Applicant shall be entitled to withdraw her 1/3rd share in accordance with prayer clause -(a) together with accrued interest only.

Notice of Motion No.1874 of 2018 For the reasons stated in the affidavit in support of the notice of motion, the notice of motion is made absolute in terms of prayer clause - (a). The Applicants herein shall also be permitted to withdraw their respective 1/3rd shares along with accrued interest. Notices of Motion are disposed of in these terms. (S.C. GUPTE, J.)